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This final rule amends a Federal Motor Vehicle Safety Standard (FMVSS) regarding child restraint systems. The amendments, mandatory in one year, modernize the standard by, among other things, updating CRS owner registration program requirements, labeling requirements on correctly using child restraints, requirements for add-on school bus-specific child restraint systems, and provisions for NHTSA's use of test dummies in NHTSA compliance tests. Amendments mandatory in three years include adding a new FMVSS that updates to standard seat assemblies on which NHTSA tests child restraint systems for compliance with frontal crash performance requirements. This final rule fulfills a mandate of the Moving Ahead for Progress in the 21st Century Act (MAP–21) that directs NHTSA to update the standard seat assembly. The purpose of this final rule is to ensure continued effectiveness of child restraint systems in current and future vehicles.

DATES:

Effective date: February 5, 2024.

IBR date: The incorporation by reference of certain publications listed in the rule is approved by the Director of the Federal Register as of February 5, 2024. The incorporation by reference of certain other publications listed in the rule was approved by the Director as of February 6, 2012.

Compliance date: The compliance date for the amendments to FMVSS No. 213 is December 5, 2024. The compliance date for meeting FMVSS No. 213b is December 5, 2026. Optional early compliance with the standards is permitted.

Reconsideration date: If you wish to petition for reconsideration of this rule, your petition must be received by January 19, 2024.

Published in the Federal Register December 5, 2023, page 84514.

§571.5 Matter incorporated by reference.
(b)(3)AddedView text
(d)(16)RevisedView text
(d)(22)-(d)(39)RedesignatedView text
(k)(6)-(7)AddedView text
(l)(3)-(4)RevisedView text
§571.213 Child restraint systems; Applicable unless a vehicle or child restraint system is certified to §571.213b.
Entire sectionRevisedView text
§571.213b Standard No. 213b; Child restraint systems; Mandatory applicability beginning
Entire sectionAddedView text

New Text

§571.5 Matter incorporated by reference.

* * * *

(d)(16) ASTM D1056-07, Standard Specification for Flexible Cellular Materials-Sponge or Expanded Rubber, approved March 1, 2007; into §§571.213; 571.213b.

* * * *

(l)(3) SAE Recommended Practice J211, Instrumentation for Impact Tests, revised June 1980; into §571.218.

(l)(4) SAE Recommended Practice J211/1, Instrumentation for Impact Tests—Part 1— Electronic Instrumentation; revised March 1995; §§571.202a; 571.208;571.213; 571.213a; 571.213b; 571.218; 571.403.

§571.213 Child restraint systems; Applicable unless a vehicle or child restraint system is certified to § 571.213b.

S1. Scope. This standard specifies requirements for child restraint systems used in motor vehicles and aircraft.

S2. Purpose. The purpose of this standard is to reduce the number of children killed or injured in motor vehicle crashes and in aircraft.

S3. Application. This standard applies to passenger cars, multipurpose passenger vehicles, trucks and buses, and to child restraint systems for use in motor vehicles and aircraft, manufactured before December 5, 2026. FMVSS No. 213b applies to child restraint systems manufactured on or after December 5, 2026.

S4. Definitions.

Add-on child restraint system

means any portable child restraint system.

Backless child restraint system

means a child restraint, other than a belt-positioning seat, that consists of a seating platform that does not extend up to provide a cushion for the child’s back or head and has a structural element designed to restrain forward motion of the child’s torso in a forward impact.

Belt-positioning seat

means a child restraint system that positions a child on a vehicle seat to improve the fit of a vehicle Type II belt system on the child and that lacks any component, such as a belt system or a structural element, designed to restrain forward movement of the child’s torso in a forward impact.

Booster seat

means either a backless child restraint system or a belt-positioning seat.

Built-in child restraint system

means a child restraint system that is designed to be an integral part of and permanently installed in a motor vehicle.

Car bed

means a child restraint system designed to restrain or position a child in the supine or prone position on a continuous flat surface.

Child restraint anchorage system

is defined in S3 of FMVSS No. 225 (§571.225).

Child restraint system

means any device, except Type I or Type II seat belts, designed for use in a motor vehicle or aircraft to restrain, seat, or position children who weigh 36 kilograms (kg) (80 lb) or less.

Contactable surface

means any child restraint system surface (other than that of a belt, belt buckle, or belt adjustment hardware) that may contact any part of the head or torso of the appropriate test dummy, specified in S7, when a child restraint system is tested in accordance with S6.1.

Factory-installed built-in child restraint system

means a built-in child restraint system that has been or will be permanently installed in a motor vehicle before that vehicle is certified as a completed or altered vehicle in accordance with part 567 of this chapter.

Harness

means a combination pelvic and upper torso child restraint system that consists primarily of flexible material, such as straps, webbing or similar material, and that does not include a rigid seating structure for the child.

Rear-facing child restraint system

means a child restraint system, except a car bed, that positions a child to face in the direction opposite to the normal direction of travel of the motor vehicle.

Representative aircraft passenger seat

means either a Federal Aviation Administration approved production aircraft passenger seat or a simulated aircraft passenger seat conforming to Figure 6.

School bus child restraint system means an add-on child restraint system (including a harness) manufactured and sold only for use on school bus seats, that has a label conforming with S5.3.1(b). (This definition applies to child restraint systems manufactured on or after December 5, 2024.)

Seat orientation reference line or SORL

means the horizontal line through Point Z as illustrated in Figure 1A.

Specific vehicle shell

means the actual vehicle model part into which the built-in child restraint system is or is intended to be fabricated, including the complete surroundings of the built-in system. If the built-in child restraint system is or is intended to be fabricated as part of any seat other than a front seat, these surroundings include the back of the seat in front, the interior rear side door panels and trim, the floor pan, adjacent pillars (e.g., the B and C pillars), and the ceiling. If the built-in system is or is intended to be fabricated as part of the front seat, these surroundings include the dashboard, the steering mechanism and its associated trim hardware, any levers and knobs installed on the floor or on a console, the interior front side door panels and trim, the front seat, the floor pan, the A pillars and the ceiling.

Tether anchorage

is defined in S3 of FMVSS No. 225 (§571.225).

Tether strap

is defined in S3 of FMVSS No. 225 (§571.225).

Tether hook

is defined in S3 of FMVSS No. 225 (§571.225).

Torso

means the portion of the body of a seated anthropomorphic test dummy, excluding the thighs, that lies between the top of the child restraint system seating surface and the top of the shoulders of the test dummy.

S5. Requirements. (a) Each motor vehicle with a built-in child restraint system shall meet the requirements in this section when, as specified, tested in accordance with S6.1 and this paragraph.

(b) Each child restraint system manufactured for use in motor vehicles shall meet the requirements in this section when, as specified, tested in accordance with S6.1 and this paragraph. Each add-on system shall meet the requirements at each of the restraint’s seat back angle adjustment positions and restraint belt routing positions, when the restraint is oriented in the direction recommended by the manufacturer (e.g., forward, rearward or laterally) pursuant to S5.6, and tested with the test dummy specified in S7.

(c) Each child restraint system manufactured for use in aircraft shall meet the requirements in this section and the additional requirements in S8.

(d) Each child restraint tested with a Part 572 Subpart S dummy need not meet S5.1.2 and S5.1.3.

(e) Each child restraint system tested with a part 572 subpart T dummy need not meet S5.1.2.1(a).

(f) Each child restraint system that is equipped with an internal harness or other internal components to restrain the child need not meet this standard when attached to the lower anchors of the child restraint anchorage system on the standard seat assembly if the sum of the weight of the child restraint system (in pounds) and the average weight of child represented by the test dummy used to test the child restraint in accordance with S7 of this standard, shown in the table below, exceeds 65 pounds. Such a child restraint must meet this standard when tested using its internal harness or components to restrain such a test dummy while installed using the standard seat belt assembly specified in S5.3.2 of this standard.

Table to S5(f)—Average Weight of Child Represented by Various Test Dummies
Test dummy
(specified in S7 of this standard)
Average weight of child represented by test dummy
(pounds)
CRABI 12-month-old infant dummy (49 CFR Part 572, Subpart R)22
Hybrid III 3-year-old dummy(49 CFR Part 572, Subpart P)31
Hybrid III 6-year-old dummy 49 CFR Part 572, Subpart N)45
Hybrid III 6-year-old weighted child test dummy (49 CFR Part 572 Subpart S)62
Hybrid II 6-year-old dummy (49, CFR Part 572, Subpart I)45

(g) Each add-on child restraint system manufactured for use in motor vehicles, that is recommended for children in a weight range that includes weights up to 18 kilograms (40 pounds), or for children in a height range that includes heights up to 1100 millimeters, shall meet the requirements in this standard and the additional side impact protection requirements in Standard No. 213a (§571.213a). Excepted from Standard No. 213a are harnesses and car beds. [Change Notice]

S5.1 Dynamic performance.

S5.1.1 Child restraint system integrity. When tested in accordance with S6.1, each child restraint system shall meet the requirements of paragraphs (a) through (c) of this section.

(a) Exhibit no complete separation of any load bearing structural element and no partial separation exposing either surfaces with a radius of less than 1⁄ 4 inch or surfaces with protrusions greater than 3⁄ 8 inch above the immediate adjacent surrounding contactable surface of any structural element of the system.

(b)(1) If adjustable to different positions, remain in the same adjustment position during the testing that it was in immediately before the testing, except as otherwise specified in paragraph (b)(2).

(2)(i) Subject to paragraph (b)(2)(ii), a rear-facing child restraint system may have a means for repositioning the seating surface of the system that allows the system’s occupant to move from a reclined position to an upright position and back to a reclined position during testing.

(ii) No opening that is exposed and is larger than 1⁄ 4 inch before the testing shall become smaller during the testing as a result of the movement of the seating surface relative to the restraint system as a whole.

(c) If a front facing child restraint system, not allow the angle between the system’s back support surfaces for the child and the system’s seating surface to be less than 45 degrees at the completion of the test.

S5.1.2 Injury criteria. When tested in accordance with S6.1 and with the test dummies specified in S7, each child restraint system manufactured before August 1, 2005, that, in accordance with S5.5.2, is recommended for use by children whose mass is more than 10 kg shall—

(a) Limit the resultant acceleration at the location of the accelerometer mounted in the test dummy head as specified in part 572 such that the expression:

shall not exceed 1,000, where a is the resultant acceleration expressed as a multiple of g (the acceleration of gravity), and t 1 and t 2 are any two moments during the impacts.

(b) Limit the resultant acceleration at the location of the accelerometer mounted in the test dummy upper thorax as specified in part 572 to not more than 60 g’s, except for intervals whose cumulative duration is not more than 3 milliseconds.

S5.1.2.1 When tested in accordance with S6.1 and with the test dummies specified in S7, each child restraint system manufactured on or after August 1, 2005 shall’

(a) Limit the resultant acceleration at the location of the accelerometer mounted in the test dummy head such that, for any two points in time, t 1 and t 2, during the event which are separated by not more than a 36 millisecond time interval and where t 1 is less than t 2, the maximum calculated head injury criterion (HIC 36 ) shall not exceed 1,000, determined using the resultant head acceleration at the center of gravity of the dummy head, ar, expressed as a multiple of g (the acceleration of gravity), calculated using the expression:

(b) The resultant acceleration calculated from the output of the thoracic instrumentation shall not exceed 60 g’s, except for intervals whose cumulative duration is not more than 3 milliseconds.

S5.1.2.2 At the manufacturer’s option (with said option irrevocably selected prior to, or at the time of, certification of the restraint), child restraint systems manufactured before August 1, 2005 may be tested to the requirements of S5 while using the test dummies specified in S7.1.2 of this standard according to the criteria for selecting test dummies specified in that paragraph. That paragraph specifies the dummies used to test child restraint systems manufactured on or after August 1, 2005. If a manufacturer selects the dummies specified in S7.1.2 to test its product, the injury criteria specified by S5.1.2.1 of this standard must be met. Child restraints manufactured on or after August 1, 2005 must be tested using the test dummies specified in S7.1.2.

S5.1.3 Occupant excursion. When tested in accordance with S6.1 and the requirements specified in this section, each child restraint system shall meet the applicable excursion limit requirements specified in S5.1.3.1-S5.1.3.3.

S5.1.3.1 Child restraint systems other than rear-facing ones and car beds. Each child restraint system, other than a rear-facing child restraint system or a car bed, shall retain the test dummy’s torso within the system.

(a) For each add-on child restraint system:

(1) No portion of the test dummy’s head shall pass through a vertical transverse plane that is 720 mm or 813 mm (as specified in the table in this S5.1.3.1) forward of point Z on the standard seat assembly, measured along the center SORL (as illustrated in figure 1B of this standard); and

(2) Neither knee pivot point shall pass through a vertical transverse plane that is 915 mm forward of point Z on the standard seat assembly, measured along the center SORL.

Table 1 to S5.1.3.1 —Add-On Child Restraints That Can Be Used Forward-Facing Manufactured Before December 5, 2024
When this type of child restraintIs tested in accordance with—These excursion limits applyExplanatory note: in the test specified in 2nd column, the child restraint is attached to the test seat assembly in the manner described below, subject to certain conditions
Harnesses and restraints designed for use by children with physical disabilitiesS6.1.2(a)(1)(i)(A)Head 813 mm; Knee 915 mmAttached with lap belt; in addition, if a tether is provided, it is attached.
Harnesses labeled per S5.3.1(b)(i) through S5.3.1(b)(iii) and Figure 12S6.1.2(a)(1)(i)(A)Head 813 mm; Knee 915 mmAttached with seat back mount.
Belt-positioning seatsS6.1.2(a)(1)(ii)Head 813 mm; Knee 915 mmAttached with lap and shoulder belt; no tether is attached.
All other child restraints ( i.e., other than harnesses, restraints designed for use by children with physical disabilities, harnesses manufactured exclusively for school buses, and belt-positioning seats)S6.1.2(a)(1)(i)(B)Head 813 mm; Knee 915 mmAttached with a lap belt, without a tether attached; and, Attached to lower anchorages of a child restraint anchorage system; no tether is attached.
All other child restraints ( i.e., other than harnesses, restraints designed for use by children with physical disabilities, harnesses labeled per S5.3.1(b)(i) through S5.3.1(b)(iii) and Figure 12, and belt-positioning seats)S6.1.2(a)(1)(i)(A), S6.1.2(a)(1)(i)(C)Head 720 mm; Knee 915 mmAttached with a lap belt, with a tether attached; and, Attached to lower anchorages of child restraint anchorage system, with a tether attached.

Table 2 to S5.1.3.1 —Add-On Child Restraints That Can Be Used Forward-Facing Manufactured On or After December 5, 2024
When this type of child restraintIs tested in accordance with—These excursion limits applyExplanatory note: in the test specified in 2nd column, the excursion requirement must be met when the child restraint system is attached to the test seat assembly in the manner described below, subject to certain conditions
Harnesses and restraints designed for use by children with physical disabilitiesS6.1.2(a)(1)(i)(A)Head 813 mm; Knee 915 mmAttached with lap and shoulder belt; in addition, if a tether is provided, it is attached.
School bus child restraint systemsS6.1.2(a)(1)(i)(A)Head 813 mm; Knee 915 mmAttached with seat back mount, or, seat back, and, seat pan mounts.
Booster seatsS6.1.2(a)(1)(ii)Head 813 mm; Knee 915 mmAttached with lap and shoulder belt; no tether is attached.
Child restraints other than harnesses, restraints designed for use by children with physical disabilities, school bus child restraint systems, and booster seatsS6.1.2(a)(1)(i)(B)Head 813 mm; Knee 915 mmAttached with a lap belt; without a tether attached. Attached to lower anchorages of child restraint anchorage system; with no tether attached.
Child restraints other than harnesses, restraints designed for use by children with physical disabilities, and school bus child restraint systemsS6.1.2(a)(1)(i)(A), S6.1.2(a)(1)(i)(C)Head 720 mm; Knee 915 mmAttached with a lap belt, with a tether attached. Attached to lower anchorages of child restraint anchorage system, with a tether attached.
Child restraints equipped with a fixed or movable surface described in S5.2.2.2 that has belts that are not an integral part of that fixed or movable surfaceS6.1.2(a)(2)Head 813 mm; Knee 915 mmAttached with lap belt, no tether is attached.

(b) In the case of a built-in child restraint system, neither knee pivot point shall, at any time during the dynamic test, pass through a vertical transverse plane that is 305 mm forward of the initial pre-test position of the respective knee pivot point, measured along a horizontal line that passes through the knee pivot point and is parallel to the vertical longitudinal plane that passes through the vehicle’s longitudinal centerline.

S5.1.3.2 Rear-facing child restraint systems. In the case of each rear-facing child restraint system, all portions of the test dummy’s torso shall be retained within the system and neither of the target points on either side of the dummy’s head and on the transverse axis passing through the center of mass of the dummy’s head and perpendicular to the head’s midsagittal plane, shall pass through the transverse orthogonal planes whose intersection contains the forward-most and top-most points on the child restraint system surfaces (illustrated in Figure 1C).

S5.1.3.3 Car beds. In the case of car beds, all portions of the test dummy’s head and torso shall be retained within the confines of the car bed.

S5.1.4 Back support angle. When a rear-facing child restraint system is tested in accordance with S6.1, the angle between the system’s back support surface for the child and the vertical shall not exceed 70 degrees.

S5.2 Force distribution.

S5.2.1 Minimum head support surface—child restraints other than car beds.

S5.2.1.1 Except as provided in S5.2.1.2, each child restraint system other than a car bed shall provide restraint against rearward movement of the head of the child (rearward in relation to the child) by means of a continuous seat back which is an integral part of the system and which—

(a) Has a height, measured along the system seat back surface for the child in the vertical longitudinal plane passing through the longitudinal centerline of the child restraint systems from the lowest point on the system seating surface that is contacted by the buttocks of the seated dummy, as follows:

TABLE TO S5.2.1.1(A)
Weight 1Height 2 (mm)
Not more than 18 kg........................................500
More than 18 kg...............................................560

1 When a child restraint system is recommended under S5.5 for use by children of the above weights.

2 The height of the portion of the system seat back providing head restraint shall not be less than the above.

(b) Has a width of not less than 8 inches, measured in the horizontal plane at the height specified in paragraph (a) of this section. Except that a child restraint system with side supports extending at least 4 inches forward from the padded surface of the portion of the restraint system provided for support of the child’s head may have a width of not less than 6 inches, measured in the horizontal plane at the height specified in paragraph (a) of this section.

(c) Limits the rearward rotation of the test dummy head so that the angle between the head and torso of the dummy specified in S7. when tested in accordance with S6.1 is not more than 45 degrees greater than the angle between the head and torso after the dummy has been placed in the system in accordance with S6.1.2.3 and before the system is tested in accordance with S6.1.

S5.2.1.2 The applicability of the requirements of S5.2.1.1 to a front-facing child restraint, and the conformance of any child restraint other than a car bed to those requirements, is determined using the largest of the test dummies specified in S7 for use in testing that restraint, provided that the 6-year-old dummy described in subpart I or subpart N of part 572 of this title and the 10-year-old dummy described in subpart T of part 572 of this title, are not used to determine the applicability of or compliance with S5.2.1.1. A front facing child restraint system is not required to comply with S5.2.1.1 if the target point on either side of the dummy's head is below a horizontal plane tangent to the top of—

(a) The standard seat assembly, in the case of an add-on child restraint system, when the dummy is positioned in the system and the system is installed on the assembly in accordance with S6.1.2.

(b) The vehicle seat, in the case of a built-in child restraint system, when the system is activated and the dummy is positioned in the system in accordance with S6.1.2.

S5.2.2 Torso impact protection. Each child restraint system other than a car bed shall comply with the applicable requirements of S5.2.2.1 and S5.2.2.2.

S5.2.2.1(a) The system surface provided for the support of the child’s back shall be flat or concave and have a continuous surface area of not less than 85 square inches.

(b) Each system surface provided for support of the side of the child’s torso shall be flat or concave and have a continuous surface of not less than 24 square inches for systems recommended for children weighing 20 pounds or more, or 48 square inches for systems recommended for children weighing less than 20 pounds.

(c) Each horizontal cross section of each system surface designed to restrain forward movement of the child’s torso shall be flat or concave and each vertical longitudinal cross section shall be flat or convex with a radius of curvature of the underlying structure of not less than 2 inches.

S5.2.2.2 Each forward-facing child restraint system shall have no fixed or movable surface—

(a) Directly forward of the dummy and intersected by a horizontal line—

(1) Parallel to the SORL, in the case of the add-on child restraint system, or

(2) Parallel to a vertical plane through the longitudinal center line of the vehicle seat, in the case of a built-in child restraint system, and,

(b) Passing through any portion of the dummy, except for surfaces which restrain the dummy when the system is tested in accordance with S6.1.2(a)(2), so that the child restraint system shall conform to the requirements of S5.1.2 and S5.1.3.1.

S5.2.3 [Reserved]

S5.2.4 Protrusion limitation. Any portion of a rigid structural component within or underlying a contactable surface, or any portion of a child restraint system surface that is subject to the requirements of S5.2.3 shall, with any padding or other flexible overlay material removed, have a height above any immediately adjacent restraint system surface of not more than 3/8 inch and no exposed edge with a radius of less than 1/4 inch.

S5.3 Installation.

S5.3.1 Add-on child restraints shall meet either (a) or (b), as appropriate.

(a) Except for components designed to attach to a child restraint anchorage system, each add-on child restraint system must not have any means designed for attaching the system to a vehicle seat cushion or vehicle seat back and any component (except belts) that is designed to be inserted between the vehicle seat cushion and vehicle seat back.

(b) School bus child restraint systems (including harnesses manufactured for use on school bus seats) must have a label that conforms in content to Figure 12 and to the requirements of S5.3.1(b)(1) through S5.3.1(b)(3) of this standard. The label must be permanently affixed to the part of the school bus child restraint system, that attaches the system to a vehicle seat back.

(1) The label must be plainly visible when installed and easily readable.

(2) The message area must be white with black text. The message area must be no less than 20 square centimeters.

(3) The pictogram shall be gray and black with a red circle and slash on a white background. The pictogram shall be no less than 20 mm in diameter.

(c) The provision that add-on child restraint systems shall meet the requirements of this standard when installed solely by a Type 1 belt applies to child restraint systems manufactured before September 1, 2029. Except for harnesses, the requirement sunsets for child restraint systems manufactured on or after September 1, 2029. For harnesses, the requirement does not sunset and continues to apply to harnesses manufactured on or after September 1, 2029.

S5.3.2 Each add-on child restraint system shall be capable of meeting the requirements of this standard when installed solely by each of the means indicated in the following table for the particular type of child restraint system:

TABLE FOR S5.3.2
Type of add-on child restraint systemMeans of installation
Type 1 seat belt assemblyType 1 seat belt assembly plus a tether anchorage, if neededChild restraint anchorage system (effective September 1, 2002)Type II seat belt assemblySeat back mount
Harnesses labeled per S5.3.1(b)(1) through S5.3.1(b)(3) and Figure 12X
Other harnessesX
Car bedsX
Rear-facing restraintsXX
Belt-positioning seatsX
All other child restraintsXXX

S5.3.2.1 School bus child restraint systems manufactured on or after December 5, 2024, shall be capable of meeting the requirements of this standard when installed by seat back mount, or, seat back mount and seat pan mount.

S5.3.3 Car beds. Each car bed shall be designed to be installed on a vehicle seat so that the car bed’s longitudinal axis is perpendicular to a vertical longitudinal plane through the longitudinal axis of the vehicle.

S5.4 Belts, belt buckles, and belt webbing.

S5.4.1 Performance requirements.

S5.4.1.1 Child restraint systems manufactured before September 1, 2007. The webbing of belts provided with a child restraint system and used to attach the system to the vehicle or to restrain the child within the system shall—

(a) After being subjected to abrasion as specified in S5.1(d) or S5.3(c) of FMVSS 209 ( §571.209 ), have a breaking strength of not less than 75 percent of the strength of the unabraded webbing when tested in accordance with S5.1(b) of FMVSS 209. A mass of 2.35 ±.05 kg shall be used in the test procedure in S5.1(d) of FMVSS 209 for webbing, including webbing used to secure a child restraint system to the tether and lower anchorages of a child restraint anchorage system, except that a mass of 1.5 ±.05 kg shall be used for webbing in pelvic and upper torso restraints of a belt assembly used in a child restraint system. The mass is shown as (B) in Figure 2 of FMVSS 209.

(b) Meet the requirements of S4.2 (e) and (f) of FMVSS No. 209 ( §571.209 ); and

(c) If contactable by the test dummy torso when the system is tested in accordance with S6.1, have a width of not less than 1 1/2 inches when measured in accordance with S5.4.1.3.

S5.4.1.2 Child restraint systems manufactured on or after September 1, 2007. The webbing of belts provided with a child restraint system and used to attach the system to the vehicle or to restrain the child within the system shall—

(a) Have a minimum breaking strength for new webbing of not less than 15,000 N in the case of webbing used to secure a child restraint system to the vehicle, including the tether and lower anchorages of a child restraint anchorage system, and not less than 11,000 N in the case of the webbing used to secure a child to a child restraint system when tested in accordance with S5.1 of FMVSS No. 209. Each value shall be not less than the 15,000 N and 11,000 N applicable breaking strength requirements, but the median value shall be used for determining the retention of breaking strength in paragraphs (b)(1), (c)(1), and (c)(2) of this section S5.4.1.2. ”New webbing” means webbing that has not been exposed to abrasion, light or micro-organisms as specified elsewhere in this section.

(b)(1) After being subjected to abrasion as specified in S5.1(d) or S5.3(c) of FMVSS 209 ( §571.209 ), have a breaking strength of not less than 75 percent of the new webbing strength, when tested in accordance with S5.1(b) of FMVSS

(2) A mass of 2.35 ±.05 kg shall be used in the test procedure in S5.1(d) of FMVSS 209 for webbing, including webbing to secure a child restraint system to the tether and lower anchorages of a child restraint anchorage system, except that a mass of 1.5 ±.05 kg shall be used for webbing in pelvic and upper torso restraints of a belt assembly used in a child restraint system. The mass is shown as (B) in Figure 2 of FMVSS 209.

(c)(1) After exposure to the light of a carbon arc and tested by the procedure specified in S5.1(e) of FMVSS 209 ( §571.209 ), have a breaking strength of not less than 60 percent of the new webbing, and shall have a color retention not less than No. 2 on the AATCC Gray Scale for Evaluating Change in Color (incorporated by reference, see §571.5 ).

(2) After being subjected to micro-organisms and tested by the procedures specified in S5.1(f) of FMVSS 209 ( §571.209 ), shall have a breaking strength not less than 85 percent of the new webbing.

(d) If contactable by the test dummy torso when the system is tested in accordance with S6.1, have a width of not less than 1 1/2 inches when measured in accordance with S5.4.1.3.

S5.4.1.3 Width test procedure. Condition the webbing for 24 hours in an atmosphere of any relative humidity between 48 and 67 percent, and any ambient temperature between 70° and 77 °F. Measure belt webbing width under a tension of 5 pounds applied lengthwise.

S5.4.2 Belt buckles and belt adjustment hardware. Each belt buckle and item of belt adjustment hardware used in a child restraint system shall conform to the requirements of S4.3(a) and S4.3(b) of FMVSS No. 209 ( §571.209 ).

S5.4.3 Belt Restraint.

S5.4.3.1 General. Each belt that is part of a child restraint system and that is designed to restrain a child using the system shall be adjustable to snugly fit any child whose height and weight are within the ranges recommended in accordance with S5.5.2(f) and who is positioned in the system in accordance with the instructions required by S5.6.

S5.4.3.2 Direct restraint. Except for belt-positioning seats, each belt that is part of a child restraint system and that is designed to restrain a child using the system and to attach the system to the vehicle, and each Type I and lap portion of a Type II vehicle belt that is used to attach the system to the vehicle shall, when tested in accordance with S6.1, impose no loads on the child that result from the mass of the system, or—

(a) In the case of an add-on child restraint system, from the mass of the seat back of the standard seat assembly specified in S6.1, or

(b) In the case of a built-in child restraint system, from the mass of any part of the vehicle into which the child restraint system is built.

S5.4.3.3 Seating systems. Except for child restraint systems subject to S5.4.3.4, each child restraint system that is designed for use by a child in a seated position and that has belts designed to restrain the child, shall, with the test dummy specified in S7 positioned in the system in accordance with S10 provide:

(a) Upper torso restraint in the form of:

(i) Belts passing over each shoulder of the child, or

(ii) A fixed or movable surface that complies with S5.2.2.1(c), and

(b) Lower torso restraint in the form of:

(i) A lap belt assembly making an angle between 45° and 90° with the child restraint seating surface at the lap belt attachment points, or

(ii) A fixed or movable surface that complies with S5.2.2.1(c), and

(c) In the case of each seating system recommended for children whose masses are more than 10 kg, crotch restraint in the form of:

(i) A crotch belt connectable to the lap belt or other device used to restrain the lower torso, or

(ii) A fixed or movable surface that complies with S5.2.2.1(c).

S5.4.3.4 Harnesses. Each child harness shall:

(a) Provide upper torso restraint, including belts passing over each shoulder of the child;

(b) Provide lower torso restraint by means of lap and crotch belt; and

(c) Prevent a child of any height for which the restraint is recommended for use pursuant to S5.5.2(f) from standing upright on the vehicle seat when the child is placed in the device in accordance with the instructions required by S5.6.

S5.4.3.5 Buckle release. Any buckle in a child restraint system belt assembly designed to restrain a child using the system shall:

(a) When tested in accordance with S6.2.1 prior to the dynamic test of S6.1, not release when a force of less than 40 newtons (N) is applied and shall release when a force of not more than 62 N is applied;

(b) After the dynamic test of S6.1, when tested in accordance with the appropriate sections of S6.2, release when a force of not more than 71 N is applied, provided, however, that the conformance of any child restraint to this requirement is determined using the largest of the test dummies specified in S7 for use in testing that restraint when the restraint is facing forward, rearward, and/or laterally;

(c) Meet the requirements of S4.3(d)(2) of FMVSS No. 209 ( § 571.209 ), except that the minimum surface area for child restraint buckles designed for push button application shall be 0.6 square inch;

(d) Meet the requirements of S4.3(g) of FMVSS No. 209 ( § 571.209 ) when tested in accordance with S5.2(g) of FMVSS No. 209; and

(e) Not release during the testing specified in S6.1.

S5.5 Labeling. Any labels or written instructions provided in addition to those required by this section shall not obscure or confuse the meaning of the required information or be otherwise misleading to the consumer. Any labels or written instructions other than in the English language shall be an accurate translation of English labels or written instructions.

S5.5.1 Each add-on child restraint system shall be permanently labeled with the information specified in S5.5.2 (a) through (m).

S5.5.2 The information specified in paragraphs (a) through (m) of this section shall be stated in the English language and lettered in letters and numbers that are not smaller than 10 point type. Unless otherwise specified, the information shall be labeled on a white background with black text. Unless written in all capitals, the information shall be stated in sentence capitalization.

(a) The model name or number of the system.

(b) The manufacturer’s name. A distributor’s name may be used instead if the distributor assumes responsibility for all duties and liabilities imposed on the manufacturer with respect to the system by the National Traffic and Motor Vehicle Safety Act, as amended.

(c) The statement: “Manufactured in ll,” inserting the month and year of manufacture.

(d) The place of manufacture (city and State, or foreign country). However, if the manufacturer uses the name of the distributor, then it shall state the location (city and State, or foreign country) of the principal offices of the distributor.

(e) The statement: “This child restraint system conforms to all applicable Federal motor vehicle safety standards.”

(f) For child restraint systems manufactured before December 5, 2024, paragraph (f)(1) of this section applies. For child restraint systems manufactured on or after December 5, 2024, paragraph (f)(2) of this section applies.

(1) One of the following statements, as appropriate, inserting the manufacturer's recommendations for the maximum mass of children who can safely occupy the system, except that booster seats shall not be recommended for children whose masses are less than 13.6 kg. For child restraint systems that can only be used as belt-positioning seats, manufacturers must include the maximum and minimum recommended height, but may delete the reference to weight:

(i) Use only with children who weigh __ pounds (__ kg) or less and whose height is ( insert values in English and metric units; use of word “mass” in label is optional ) or less; or

(ii) Use only with children who weigh between __ and __ pounds ( insert appropriate English and metric values; use of word “mass” is optional ) and whose height is ( insert appropriate values in English and metric units ) or less and who are capable of sitting upright alone; or

(iii) Use only with children who weigh between __ and __ pounds ( insert appropriate English and metric values; use of word “mass” is optional ) and whose height is ( insert appropriate values in English and metric units ) or less.

(iv) Use only with children who weigh between __ and __ pounds ( insert appropriate English and metric values; use of word “mass” is optional ) and whose height is between __ and __ ( insert appropriate values in English and metric units ).

(2) For child restraint systems manufactured on or after December 5, 2024: Statements or a combination of statements and pictograms specifying the manufacturer's recommendations for the mass and height ranges (in English and metric units) of children who can safely occupy the system in each applicable mode (rear-facing, forward-facing, booster), except manufacturers shall not recommend forward-facing use for child restraint systems with internal harnesses for children of masses less than 12 kg (26.5 lb), and shall not recommend booster seats for children of masses less than 18.4 kg (40 lb).

(g) The statements specified in paragraphs (1) and (2):

(1) A heading as specified in S5.5.2(k)(3)(i), with the statement “WARNING! DEATH or SERIOUS INJURY can occur,” capitalized as written and followed by bulleted statements in the following order:

(i) As appropriate, the statements required by the following sections will be bulleted and placed after the statement required by 5.5.2(g)(1) in the following order: 5.5.2(k)(1), 5.5.2(h), 5.5.2(j), and 5.5.2(i). For child restraint systems manufactured on or after December 5, 2024, the statements required by 5.5.2(f) and 5.5.2(k)(2) need not be included.

(ii) Secure this child restraint with the vehicle's child restraint anchorage system, if available, or with a vehicle belt. [For car beds, harnesses, and belt positioning seats, the first part of the statement regarding attachment by the child restraint anchorage system is optional.] [For belt-positioning seats, the second part of the statement regarding attachment by the vehicle belt does not apply.] [For child restraints manufactured from February 27, 2014 to February 26, 2015, the following statement applies.] Child restraint systems equipped with internal harnesses to restrain the child and with components to attach to a child restraint anchorage system and for which the combined weight of the child restraint system and the maximum recommended child weight for use with internal harnesses exceeds 65 pounds, must be labeled with the following statement: “Do not use the lower anchors of the child restraint anchorage system (LATCH system) to attach this child restraint when restraining a child weighing more than * [*insert a recommended weight value in English and metric units such that the sum of the recommended weight value and the weight of the child restraint system does not exceed 65 pounds (29.5 kg)] with the internal harnesses of the child restraint.”

(iii) Follow all instructions on this child restraint and in the written instructions located ( insert storage location on the restraint for the manufacturer’s installation instruction booklet or sheet ).

(iv) Register your child restraint with the manufacturer.

(2) At the manufacturer’s option, the phrase “DEATH or SERIOUS INJURY can occur” in the heading can be on either a white or yellow background.

(3) More than one label may be used for the required bulleted statements. Multiple labels shall be placed one above the other unless that arrangement is precluded by insufficient space or shape of the child restraint. In that case, multiple labels shall be placed side by side. When using multiple labels, the mandated warnings must be in the correct order when read from top to bottom. If the labels are side-by-side, then the mandated warnings must appear top to bottom of the leftmost label, then top to bottom of the next label to its right, and so on. There shall be no intervening labels and the required heading shall only appear on the first label in the sequence.

(h) In the case of each child restraint system that has belts designed to restrain children using them and which do not adjust automatically to fit the child: Snugly adjust the belts provided with this child restraint around your child.

(i)(1) For a booster seat that is recommended for use with either a vehicle’s Type I or Type II seat belt assembly, one of the following statements, as appropriate:

(i) Use only the vehicle’s lap and shoulder belt system when restraining the child in this booster seat; or,

(ii) Use only the vehicle’s lap belt system, or the lap belt part of a lap/ shoulder belt system with the shoulder belt placed behind the child, when restraining the child in this seat.

(2)(i) Except as provided in paragraph (i)(2)(ii) of this section, for a booster seat which is recommended for use with both a vehicle’s Type I and Type II seat belt assemblies, the following statement: Use only the vehicle’s lap belt system, or the lap belt part of a lap/shoulder belt system with the shoulder belt placed behind the child, when restraining the child with the ( insert description of the system element provided to restrain forward movement of the child’s torso when used with a lap belt ( e.g., shield )), and only the vehicle’s lap and shoulder belt system when using the booster without the ( insert above description ).

(ii) A booster seat which is recommended for use with both a vehicle’s Type I and Type II seat belt assemblies is not subject to S5.5.2(i)(2)(i) if, when the booster is used with the shield or similar component, the booster will cause the shoulder belt to be located in a position other than in front of the child when the booster is installed. However, such a booster shall be labeled with a warning to use the booster with the vehicle’s lap and shoulder belt system when using the booster without a shield.

(j) In the case of each child restraint system equipped with a top anchorage strap, the statement: Secure the top anchorage strap provided with this child restraint.

(k) (1) In the case of each rear-facing child restraint system that is designed for infants only, the statement: Use only in a rear-facing position when using it in the vehicle.

(2) In the case of a child restraint system that is designed to be used rearward-facing for infants and forward-facing for older children, the statement: Use only in a rear-facing position when using it with an infant weighing less than ( insert a recommended weight that is not less than 20 pounds ).

(3) Except as provided in (k)(4) of this section, each child restraint system that can be used in a rear-facing position shall have a label that conforms in content to Figure 10 and to the requirements of S5.5.2(k)(3)(i) through S5.5.2(k)(3)(iii) of this standard permanently affixed to the outer surface of the cushion or padding in or adjacent to the area where a child’s head would rest, so that the label is plainly visible and easily readable.

(i) The heading area shall be yellow with the word “warning” and the alert symbol in black.

(ii) The message area shall be white with black text. The message area shall be no less than 30 square cm.

(iii) The pictogram shall be black with a red circle and slash on a white background. The pictogram shall be no less than 30 mm in diameter.

(4) If a child restraint system is equipped with a device that deactivates the passenger-side air bag in a vehicle when and only when the child restraint is installed in the vehicle and provides a signal, for at least 60 seconds after deactivation, that the air bag is deactivated, the label specified in Figure 10 may include the phrase “unless air bag is off” after “on front seat with air bag.”

(l) An installation diagram showing the child restraint system installed in:

(1) A seating position equipped with a continuous-loop lap/shoulder belt;

(2) [Reserved]

(3) A seating position equipped with a child restraint anchorage system. For child restraint systems manufactured on or after February 27, 2015, the following paragraphs (l)(3)(i) and (ii) apply, as appropriate.

(i) If the child restraint system is designed to meet the requirements of this standard when installed by the child restraint anchorage system according to S5.3.2, and if the sum of the weight of the child restraint system and the maximum child weight recommended for the child restraint when used with the restraint's internal harness or components is greater than 65 lb when used forward-facing or rear-facing, include the following statement on this installation diagram: “Do not install by this method for a child weighing more than *.” At the manufacturer's option, “*” is the child weight limit in English units in accordance with S5.5.2(l)(3)(i)(A), (B) or (C). The corresponding child weight limit in metric units may also be included in the statement at the manufacturer's option.

(A) For forward-facing and rear-facing child restraints, * is less than or equal to 65 minus child restraint weight (pounds).

(B) For forward-facing child restraints, * is the child weight limit specified in the following table corresponding to the value CW, calculated as 65 minus child restraint weight (pounds).

Table to S5.5.2(l)(3)(i)(B)—Maximum Child Weight Limit for Lower Anchor Use for Forward-Facing Child Restraint System-Rounding
CW = 65-child restaint weight
(pounds)
Child weight limit "*"
(pounds)
20 < CW ≤ 2525
25 < CW ≤ 3030
30 < CW ≤ 3535
35 < CW ≤ 4040
40 < CW ≤ 4545
45 < CW ≤ 5050
50 < CW ≤ 5555
55 < CW ≤ 6060

(C) For rear-facing child restraints, * is the child weight limit specified in the following table corresponding to the value CW, calculated as 60 minus child restraint weight (pounds).

Table to S5.5.2(l)(3)(i)(C)—Maximum Child Weight Limit for Lower Anchor Use for Rear-Facing Child Restraint System-Rounding
CW = 60-child restraint weight
(pounds)
Child weight limit "*"
(pounds)
15 < CW ≤ 2020
20 < CW ≤ 2525
25 < CW ≤ 3030
30 < CW ≤ 3535
35 < CW ≤ 4040
40 < CW ≤ 4545
45 < CW ≤ 5050

(ii) For child restraints designed to meet the requirements of this standard when installed forward-facing and rear-facing by the child restraint anchorage system according to S5.3.2, the following applies:

(A) If separate installation diagrams are provided for the child restraint installed forward-facing and rear-facing, S5.5.2(l)(3)(i) applies to each of the installation diagrams.

(B) If only one installation diagram is provided and if a statement specifying a child weight limit is required in only rear-facing or forward-facing mode pursuant to S5.5.2(l)(3)(i), then the diagram shall depict installation in that mode along with the corresponding child weight limit in accordance with S5.5.2(l)(3)(i).

(C) If a statement specifying a child weight limit is required for the child restraint installed forward-facing and rear-facing pursuant to S5.5.2(l)(3)(i) and only one installation diagram is provided, then the child weight limit shall be in accordance with S5.5.2(l)(3)(i)(A) or the lesser of the child weight limits described in S5.5.2(l)(3)(i)(B) and (C).

(m) One of the following statements, inserting an address and a U.S. telephone number. If a manufacturer opts to provide a Web site on the registration card as permitted in Figure 9a of this section, the manufacturer must include the statement in part (ii):

(i) “Child restraints could be recalled for safety reasons. You must register this restraint to be reached in a recall. Send your name, address, e-mail address if available (preceding four words are optional) and the restraint’s model number and manufacturing date to ( insert address ) or call ( insert a U.S. telephone number ). For recall information, call the U.S. Government’s Vehicle Safety Hotline at 1-888-327-4236 (TTY: 1-800-424-9153), or go to http://www.NHTSA.gov.”

(ii) “Child restraints could be recalled for safety reasons. You must register this restraint to be reached in a recall. Send your name, address, e-mail address if available [preceding four words are optional], and the restraint’s model number and manufacturing date to ( insert address ) or call ( insert a U.S. telephone number ) or register online at ( insert Web site for electronic registration form ). For recall information, call the U.S. Government’s Vehicle Safety Hotline at 1-888-327-4236 (TTY: 1-800-424-9153), or go to http:// www.NHTSA.gov.”

(n) Child restraint systems, other than belt-positioning seats, harnesses and backless child restraint systems, may be certified as complying with the provisions of S8. Child restraints that are so certified shall be labeled with the statement “This Restraint is Certified for Use in Motor Vehicles and Aircraft.” Belt-positioning seats, harnesses and backless child restraint systems shall be labeled with the statement “This Restraint is Not Certified for Use in Aircraft.” The statement required by this paragraph shall be in red lettering and shall be placed after the certification statement required by S5.5.2(e).

S5.5.3 The information specified in S5.5.2(f) through (l) shall be located on the add-on child restraint system so that it is visible when the system is installed as specified in S5.6.1, except that for child restraints with a detachable base, the installation diagrams specified in S5.5.2(l) are required to be visible only when the base alone is installed.

S5.5.4 (a) Each built-in child restraint system other than a factory-installed built-in restraint shall be permanently labeled with the information specified in S5.5.5 (a) through (l). The information specified in S5.5.5(a) through (j) and in S5.5.5(l) shall be visible when the system is activated for use.

(b) Each factory-installed built-in child restraint shall be permanently labeled with the information specified in S5.5.5(f) through (j) and S5.5.5(l), so that the information is visible when the restraint is activated for use. The information shall also be included in the vehicle owner’s manual.

S5.5.5 The information specified in paragraphs (a) through (l) of this section that is required by S5.5.4 shall be in English and lettered in letters and numbers using a not smaller than 10 point type. Unless specified otherwise, the information shall be labeled on a white background with black text. Unless written in all capitals, the information shall be stated in sentence capitalization.

(a) The model name or number of the system.

(b) The manufacturer’s name. A distributor’s or dealer’s name may be used instead if the distributor or dealer assumes responsibility for all duties and liabilities imposed on the manufacturer with respect to the system by the National Traffic and Motor Vehicle Safety Act, as amended.

(c) The statement: “Manufactured in ____,” inserting the month and year of manufacture.

(d) The place of manufacture (city and State, or foreign country). However, if the manufacturer uses the name of the distributor or dealer, then it shall state the location (city and State, or foreign country) of the principal offices of the distributor or dealer.

(e) The statement: “This child restraint system conforms to all applicable Federal motor vehicle safety standards.”

(f) One of the following statements, inserting the manufacturer’s recommendations for the maximum mass of children who can safely occupy the system, except that booster seats shall not be recommended for children whose masses are less than 13.6 kg. For seats that can only be used as belt-positioning seats, manufacturers must include the maximum and minimum recommended height, but may delete the reference to weight:

(1) Use only with children who weigh ___ pounds ( ___ kg) or less and whose height is ( insert values in English and metric units; use of word “mass” in label is optional ) or less; or

(2) Use only with children who weigh between ___ and ___ pounds ( ___ and ___ kg) and whose height is ( insert appropriate values in English and metric units; use of word “mass” in label is optional ) or less and who are capable of sitting upright alone; or

(3) Use only with children who weigh between ___ and ___ pounds ( ___ and ___ kg) and whose height is ( insert appropriate values in English and metric units; use of word “mass” in label is optional ) or less.

(4) Use only with children who weigh between ___ and ___ pounds ( insert appropriate English and metric values; use of word ”mass” is optional ) and whose height is between ___ and ___ ( insert appropriate values in English and metric units ).

(g) The heading and statement specified in paragraph (1), and if appropriate, the statements in paragraph (2) and (3). If used, the statements in paragraphs (2) and (3) shall be bulleted and precede the bulleted statement required by paragraph (1) after the heading.

(1) A heading as specified in S5.5.2(k)(3)(i), with the statement “WARNING! DEATH or SERIOUS INJURY can occur,” capitalized as written and followed by the bulleted statement: Follow all instructions on the child restraint and in the vehicle’s owner’s manual. At the manufacturer’s option, the phrase “DEATH or SERIOUS INJURY can occur” in the heading can be on either a white or yellow background.

(2) In the case of each built-in child restraint system which is not intended for use in motor vehicles in certain adjustment positions or under certain circumstances, an appropriate statement of the manufacturers restrictions regarding those positions or circumstances.

(3) As appropriate, the statements required by the following sections will be bulleted and placed after the statement required by 5.5.5(g)(1) in the following order: 5.5.5(g)(2), 5.5.5(f), S5.5.5(h) and S5.5.5(i).

(h) In the case of each built-in child restraint system that has belts designed to restrain children using them and which do not adjust automatically to fit the child: Snugly adjust the belts provided with this child restraint around your child.

(i) In the case of each built-in child restraint which can be used in a rear—

facing position, the following statement: Place an infant in a rear-facing position in this child restraint.

(j) A diagram or diagrams showing the fully activated child restraint system in infant and/or child configurations.

(k) One of the following statements, inserting an address and a U.S. telephone number. If a manufacturer opts to provide a Web site on the registration card as permitted in Figure 9a of this section, the manufacturer must include the statement in part (ii):

(i) “Child restraints could be recalled for safety reasons. You must register this restraint to be reached in a recall. Send your name, address, e-mail address if available (preceding four words are optional), and the restraint’s model number and manufacturing date to ( insert address ) or call ( insert a U.S. telephone number ). For recall information, call the U.S. Government’s Vehicle Safety Hotline at 1-888-327-4236 (TTY: 1-800-424-9153), or go to http:// www.NHTSA.gov.”

(ii) “Child restraints could be recalled for safety reasons. You must register this restraint to be reached in a recall. Send your name, address, e-mail address if available (preceding four words are optional), and the restraint’s model number and manufacturing date to ( insert address ) or call ( insert telephone number ) or register online at ( insert Web site for electronic registration form ). For recall information, call the U.S. Government’s Vehicle Safety Hotline at 1-888-327-4236 (TTY: 1-800-424-9153), or go to http:// www.NHTSA.gov.”

(l) In the case of a built-in belt-positioning seat that uses either the vehicle’s Type I or Type II belt systems or both, a statement describing the manufacturer’s recommendations for the maximum height and weight of children who can safely occupy the system and how the booster should be used (e.g., with or without shield) with the different vehicle belt systems.

S5.6 Printed Instructions for Proper Use. Any labels or written instructions provided in addition to those required by this section shall not obscure or confuse the meaning of the required information or be otherwise misleading to the consumer. Any labels or written instructions other than in the English language shall be an accurate translation of English labels or written instructions. Unless written in all capitals, the information required by S5.6.1 through S5.6.3 shall be stated in sentence capitalization.

S5.6.1 Add-on child restraint systems. Each add-on child restraint system shall be accompanied by printed installation instructions in English that provide a step-by-step procedure, including diagrams, for installing the system in motor vehicles, securing the system in the vehicles, positioning a child in the system, and adjusting the system to fit the child. For each child restraint system that has components for attaching to a tether anchorage or a child restraint anchorage system, the installation instructions shall include a step-by-step procedure, including diagrams, for properly attaching to that anchorage or system.

S5.6.1.1 In a vehicle with rear designated seating positions, the instructions shall alert vehicle owners that, according to accident statistics, children are safer when properly restrained in the rear seating positions than in the front seating positions.

S5.6.1.2 The instructions shall specify in general terms the types of vehicles, the types of seating positions, and the types of vehicle safety belts with which the add-on child restraint system can or cannot be used.

S5.6.1.3 The instructions shall explain the primary consequences of not following the warnings required to be labeled on the child restraint system in accordance with S5.5.2 (g) through (k).

S5.6.1.4 The instructions for each car bed shall explain that the car bed should position in such a way that the child’s head is near the center of the vehicle.

S5.6.1.5 The instructions shall state that add-on child restraint systems should be securely belted to the vehicle, even when they are not occupied, since in a crash an unsecured child restraint system may injure other occupants.

S5.6.1.6 Each add-on child restraint system shall have a location on the restraint for storing the manufacturer’s instructions.

S5.6.1.7(a) For child restraint systems manufactured before December 5, 2024, one of the following statements, inserting an address and a U.S. telephone number. If a manufacturer opts to provide a website on the registration card as permitted in Figure 9a of this section, the manufacturer must include the statement in paragraph S5.6.1.7(a)(2):

(1) “Child restraints could be recalled for safety reasons. You must register this restraint to be reached in a recall. Send your name, address, email address if available (preceding four words are optional), and the restraint's model number and manufacturing date to ( insert address ) or call ( insert a U.S. telephone number ). For recall information, call the U.S. Government's Vehicle Safety Hotline at 1–888–327–4236 (TTY: 1–800–424–9153), or go to www.NHTSA.gov.

(2) “Child restraints could be recalled for safety reasons. You must register this restraint to be reached in a recall. Send your name, address, email address if available (preceding four words are optional), and the restraint's model number and manufacturing date to ( insert address ) or call ( insert telephone number ) or register online at ( insert website for electronic registration form ). For recall information, call the U.S. Government's Vehicle Safety Hotline at 1–888–327–4236 (TTY: 1–800–424–9153), or go to www.NHTSA.gov.

(b) For child restraint systems manufactured on or after December 5, 2024, the child restraint system shall include statements informing the owner of the importance of registering the child restraint for recall purposes and instructing the owner how to register the child restraint at least by mail and by telephone, providing a U.S. telephone number. The following statement must also be provided: “For recall information, call the U.S. Government's Vehicle Safety Hotline at 1–888–327–4236 (TTY: 1–800–424–9153), or go to www.NHTSA.gov.

S5.6.1.8 In the case of each child restraint system that can be used in a position so that it is facing the rear of the vehicle, the instructions shall provide a warning against using rear-facing restraints at seating positions equipped with air bags, and shall explain the reasons for, and consequences of not following the warning. The instructions shall also include a statement that owners of vehicles with front passenger side air bags should refer to their vehicle owner’s manual for child restraint installation instructions.

S5.6.1.9 In the case of each rear-facing child restraint system that has a means for repositioning the seating surface of the system that allows the system’s occupant to move from a reclined position to an upright position during testing, the instructions shall include a warning against impeding the of the restraint to change adjustment position.

S5.6.1.10(a) For instructions for a booster seat that is recommended for use with either a vehicle’s Type I or Type II seat belt assembly, one of the following statements, as appropriate, and the reasons for the statement:

(1) Warning! Use only the vehicle’s lap and shoulder belt system when restraining the child in this booster seat; or,

(2) Warning! Use only the vehicle’s lap belt system, or the lap belt part of a lap/shoulder belt system with the shoulder belt placed behind the child, when restraining the child in this seat.

(b)(1) Except as provided in S5.6.1.10(b)(2), the instructions for a booster seat that is recommended for use with both a vehicle’s Type I and Type II seat belt assemblies shall include the following statement and the reasons therefor: Warning! Use only the vehicle’s lap belt system, or the lap belt part of a lap/shoulder belt system with the shoulder belt placed behind the child, when restraining the child with the ( insert description of the system element provided to restrain forward movement of the child’s torso when used with a lap belt (e.g., shield )), and only the vehicle’s lap and shoulder belt system when using this booster without the ( insert above description ).

(2) A booster seat which is recommended for use with both a vehicle’s Type I and Type II seat belt assemblies is not subject to S5.6.1.10(b)(1) if, when the booster is used with the shield or similar component, the booster will cause the shoulder belt to be located in a position other than in front of the child when the booster is installed. However, the instructions for such a booster shall include a warning to use the booster with the vehicle’s lap and shoulder belt system when using the booster without a shield.

(c) The instructions for belt-positioning seats shall include the statement, “This restraint is not certified for aircraft use,” and the reasons for this statement.

S5.6.1.11(a) For harnesses that are manufactured before December 5, 2024, for use on school bus seats, the instructions must include the following statement:

“WARNING! This restraint must only be used on school bus seats. Entire seat directly behind must be unoccupied or have restrained occupants.” The labeling requirement refers to a restrained occupant as: an occupant restrained by any user appropriate vehicle restraint or child restraint system ( e.g., lap belt, lap and shoulder belt, booster, child seat, harness . . .).

(b) For school bus child restraint systems manufactured on or after December 5, 2024, the instructions must include the following statement:

“WARNING! This restraint must only be used on school bus seats. Entire seat directly behind must be unoccupied or have restrained occupants.” (The instruction's reference to a “restrained occupant” refers to an occupant restrained by any user-appropriate vehicle restraint or child restraint system ( e.g., lap belt, lap and shoulder belt, booster seat or other child restraint system.)

S5.6.1.12(a) Child restraint systems manufactured from February 27, 2014 to February 26, 2015. The instructions for child restraint systems equipped with an internal harness to restrain the child and with components to attach to a child restraint anchorage system, and for which the combined weight of the child restraint system and the maximum recommended child weight for use with the internal harness exceeds 65 pounds, must include the following statement: “Do not use the lower anchors of the child restraint anchorage system (LATCH system) to attach this child restraint when restraining a child weighing more than “*” [*insert a recommended weight value in English and metric units such that the sum of the recommended weight value and the weight of the child restraint system does not exceed 65 pounds (29.5 kg)] with the internal harness of the child restraint.”

(b) Child restraint systems manufactured on or after February 27, 2015. If the child restraint is designed to meet the requirements of this standard when installed by the child restraint anchorage system according to S5.3.2, the installation diagram showing the child restraint system installed using a child restraint anchorage system must meet the specifications in S5.5.2(l)(3).

S5.6.2 Built-in child restraint systems.

(a) Each built-in child restraint system shall be accompanied by printed instructions in English that provide a step-by-step procedure, including diagrams, for activating the restraint system, positioning a child in the system, adjusting the restraint and, if provided, the restraint harness to fit the child. The instructions for each built-in car bed shall explain that the child should be positioned in the bed in such a way that the child’s head is near the center of the vehicle.

(b) Each motor vehicle equipped with a factory-installed built-in child restraint shall have the information specified in paragraph (a) of this section included in its vehicle owner’s manual.

S5.6.2.1 The instructions shall explain the primary consequences of not following the manufacturer’s warnings for proper use of the child restraint system in accordance with S5.5.5 (f) through (i).

S5.6.2.2(a) For child restraint systems manufactured before December 5, 2024, the instructions for each built-in child restraint system other than a factory-installed restraint, shall include one of the following statements, inserting an address and a U.S. telephone number. If a manufacturer opts to provide a website on the registration card as permitted in Figure 9a of this section, the manufacturer must include the statement in S5.6.2.2(a)(2):

(1) “Child restraints could be recalled for safety reasons. You must register this restraint to be reached in a recall. Send your name, address, email address if available (preceding four words are optional), and the restraint's model number and manufacturing date to ( insert address ) or call ( insert a U.S. telephone number ). For recall information, call the U.S. Government's Vehicle Safety Hotline at 1–888–327–4236 (TTY: 1–800–424–9153), or go to www.NHTSA.gov.

(2) “Child restraints could be recalled for safety reasons. You must register this restraint to be reached in a recall. Send your name, address, email address if available (preceding four words are optional), and the restraint's model number and manufacturing date to ( insert address ) or call (insert U.S. telephone number) or register online at ( insert website for electronic registration form ). For recall information, call the U.S. Government's Vehicle Safety Hotline at 1–888–327–4236 (TTY: 1–800–424–9153), or go to www.NHTSA.gov.

(b) For child restraint systems manufactured on or after December 5, 2024, the instructions for each built-in child restraint system other than a factory-installed restraint shall include statements informing the owner of the importance of registering the child restraint for recall purposes and instructing the owner how to register the child restraint at least by mail and by telephone, providing a U.S. telephone number. The following statement must also be provided: “For recall information, call the U.S. Government's Vehicle Safety Hotline at 1–888–327–4236 (TTY: 1–800–424–9153), or go to www.NHTSA.gov.

S5.6.2.3. Each built-in child restraint system other than a factory-installed built-in restraint, shall have a location on the restraint for storing the instructions.

S5.6.2.4 Each built-in child restraint system, other than a system that has been installed in a vehicle or a factory-installed built-in system that is designed for a specific vehicle model and seating position, shall be accompanied by instructions in English that provide a step-by-step procedure for installing the system in a motor vehicle. The instructions shall specify the types of vehicles and the seating positions into which the restraint can or cannot be installed. The instructions for each car bed shall explain that the bed should be installed so that the child’s head will be near the center of the vehicle.

S5.6.2.5 In the case of a built-in belt-positioning seat that uses either the vehicle’s Type I or Type II belt systems or both, the instructions shall include a statement describing the manufacturer’s recommendations for the maximum height and weight of children who can safely occupy the system and how the booster must be used with the vehicle belt systems appropriate for the booster seat. The instructions shall explain the consequences of not following the directions. The instructions shall specify that, if the booster seat is recommended for use with only the lap-belt part of a Type II assembly, the shoulder belt portion of the assembly must be placed behind the child.

S5.6.3 Add-on and built-in child restraint systems. In the case of each child restraint system that has belts designed to restrain children using them and which do not adjust automatically to fit the child, the printed instructions shall include the following statement: A snug strap should not allow any slack. It lies in a relatively straight line without sagging. It does not press on the child’s flesh or push the child’s body into an unnatural position.

S5.7 Flammability. Each material used in a child restraint system shall conform to the requirements of S4 of FMVSS No. 302 (571.302). In the case of a built-in child restraint system, the requirements of S4 of FMVSS No. 302 shall be met in both the “in-use” and “stowed” positions.

S5.8 Information requirements—attached registration form and electronic registration form.

S5.8.1 Attached registration form.

(a) For child restraint systems manufactured before December 5, 2024, each child restraint system, except a factory-installed built-in restraint system, shall have a registration form attached to any surface of the restraint that contacts the dummy when the dummy is positioned in the system in accordance with S6.1.2 of Standard 213.

(b) Each attached form shall:

(1) Consist of a postcard that is attached at a perforation to an informational card;

(2) Conform in size, content and format to Figures 9a and 9b of this section; and

(3) Have a thickness of at least 0.007 inches and not more than 0.0095 inches.

(c) Each postcard shall provide the model name or number and date of manufacture (month, year) of the child restraint system to which the form is attached, shall contain space for the purchaser to record his or her name, mailing address, and at the manufacturer’s option, e-mail address, shall be addressed to the manufacturer, and shall be postage paid. No other information shall appear on the postcard, except identifying information that distinguishes a particular child restraint system from other systems of that model name or number may be preprinted in the shaded area of the postcard, as shown in figure 9a.

(d) Manufacturers may voluntarily provide a web address on the informational card enabling owners to register child restraints online, provided that the Web address is a direct link to the electronic registration form meeting the requirements of S5.8.2 of this section.

S5.8.1.1 Upgraded attached registration form. For child restraint systems manufactured on or after December 5, 2024, each child restraint system, except a factory-installed built-in restraint system, shall have a registration form attached to any surface of the restraint that contacts the dummy when the dummy is positioned in the system in accordance with S6.1.2 of Standard 213. The form shall not have advertising or any information other than that related to registering the child restraint system.

(a) Each attached registration form shall provide a mail-in postcard that conforms in size, and in basic content and format to the forms depicted in Figures 9a' and 9b' of this section.

(1) The mail-in postcard shall:

(i) Have a thickness of at least 0.007 inches and not more than 0.0095 inches;

(ii) Be pre-printed with the information identifying the child restraint system for recall purposes, such as the model name or number and date of manufacture (month, year) of the child restraint system to which the form is attached;

(iii) Contain space for the owner to record his or her name, mailing address, email address (optional), telephone number (optional), and other pertinent information;

(iv) Be addressed to the manufacturer, and be postage paid.

(v) Be detachable from the information card without the use of scissors or other tools.

(c) The registration form attached to the child restraint system shall also provide an information card with the following:

(1) Informing the owner of the importance of registering the child restraint system; and,

(2) Instructing the owner how to register the CRS.

(3) Manufacturers must provide statements informing the purchaser that the registration card is pre-addressed and that postage has been paid.

(4) Manufacturers may provide instructions to register the child restraint system electronically. If an electronic registration form is used or referenced, it must meet the requirements of S5.8.2 of this section.

(5) Manufacturers may optionally provide statements to the owner explaining that the registration card is not a warranty card, and that the information collected from the owner will not be used for marketing purposes

S5.8.2 Electronic registration form.

(a) Each electronic registration form provided for child restraint systems manufactured before December 5, 2024, shall:

(1) Contain the following statements at the top of the form:

(i) “FOR YOUR CHILD’S CONTINUED SAFETY” (Displayed in bold type face, caps, and minimum 12 point type.)

(ii) “Although child restraint systems undergo testing and evaluation, it is possible that a child restraint could be recalled.” (Displayed in bold typeface, caps and lower case, and minimum 12 point type.)

(iii) ”In case of a recall, we can reach you only if we have your name and address, so please fill in the registration form to be on our recall list.” (Displayed in bold typeface, caps and lower case, and minimum 12 point type.)

(iv) “In order to properly register your child restraint system, you will need to provide the model number, serial number and date of manufacture. This information is printed on the registration card and can also be found on a white label located on the back of the child restraint system.” (Displayed in bold typeface, caps and lower case, and minimum 12 point type.)

(v) “This registration is only applicable to child restraint systems purchased in the United States.” (Displayed in bold typeface, caps and lower case, and minimum 12 point type.)

(2) Provide as required registration fields, space for the purchaser to record the model name or number and date of manufacture (month, year) of the child restraint system, and space for the purchaser to record his or her name and mailing address. At the manufacturer’s option, a space is provided for the purchaser to record his or her e-mail address.

(b) No other information shall appear on the electronic registration form, except for information identifying the manufacturer or a link to the manufacturer’s home page, a field to confirm submission, and a prompt to indicate any incomplete or invalid fields prior to submission. Accessing the web page that contains the electronic registration form shall not cause additional screens or electronic banners to appear.

(c) The electronic registration form shall be accessed directly by the web address that the manufacturer printed on the attached registration form. The form must appear on screen when the consumer has inputted the web address provided by the manufacturer, without any further keystrokes on the keyboard or clicks of the mouse.

S5.8.2.1 Upgraded electronic registration form

(a) Each electronic registration form provided for child restraint systems manufactured on or after December 5, 2024, shall:

(1) Contain statements at the top of the form:

(i) Informing the owner of the importance of registering the CRS; and,

(ii) Instructing the owner how to register the CRS.

(2) Provide as required registration fields, space for the purchaser to record the model name or number and date of manufacture (month, year) of the child restraint system, and space for the purchaser to record his or her name and mailing address. At the manufacturer's option, a space is provided for the purchaser to optionally record his or her email address. At the manufacturer's option, a space is provided for the purchaser to optionally record his or her telephone number.

(b) No advertising or other information shall appear on the electronic registration form. However, manufacturers may optionally provide a statement to the owner explaining that the registration is not a warranty card, and that the information collected from the owner will not be used for marketing purposes.

(c) The electronic registration form may provide information identifying the manufacturer or a link to the manufacturer's home page, a field to confirm submission, and a prompt to indicate any incomplete or invalid fields prior to submission.

(d) If a manufacturer printed the electronic address (in form of a website (printed URL)) on the attached registration form provided pursuant to S5.8.1, the electronic registration form shall be accessed directly by the electronic address. Accessing the electronic address (in form of a website (printed URL) that contains the electronic registration form shall not cause additional screens or electronic banners to appear. In addition to the electronic address in form of a website, manufacturers may include a code (such as a QR code or similar) to access the electronic address.

S5.9 Attachment to child restraint anchorage system.

(a) Each add-on child restraint system other than a car bed, harness and belt-positioning seat, shall have components permanently attached to the system that enable the restraint to be securely fastened to the lower anchorages of the child restraint anchorage system specified in Standard No. 225 (§571.225) and depicted in Drawing Package SAS–100–1000, Standard Seat Belt Assembly with Addendum A or in Drawing Package, “NHTSA Standard Seat Assembly; FMVSS No. 213, No. NHTSA–213–2003” (both incorporated by reference, see § 571.5). The components must be attached by use of a tool, such as a screwdriver. In the case of rear-facing child restraints with detachable bases, only the base is required to have the components.

(b) In the case of each child restraint system that is manufactured on or after September 1, 1999 and that has components for attaching the system to a tether anchorage, those components shall include a tether hook that conforms to the configuration and geometry specified in Figure 11 of this standard.

(c) In the case of each child restraint system that is manufactured on or after September 1, 1999 and that has components, including belt webbing, for attaching the system to a tether anchorage or to a child restraint anchorage system, the belt webbing shall be adjustable so that the child restraint can be tightly attached to the vehicle.

(d) Beginning September 1, 1999, each child restraint system with components that enable the restraint to be securely fastened to the lower anchorages of a child restraint anchorage system, other than a system with hooks for attaching to the lower anchorages, shall provide either an indication when each attachment to the lower anchorages becomes fully latched or attached, or a visual indication that all attachments to the lower anchorages are fully latched or attached. Visual indications shall be detectable under normal daylight lighting conditions.

S6. Test conditions and procedures.

S6.1 Dynamic systems test for child restraint systems.

The test conditions described in S6.1.1 apply to the dynamic systems test. The test procedure for the dynamic systems test is specified in S6.1.2. The test dummy specified in S7 is placed in the test specimen (child restraint), clothed as described in S9 and positioned according to S10.

S6.1.1 Test conditions.

(a) Test devices.

(1) Add-on child restraints.

(i) [Reserved]

(ii) The test device for add-on restraint systems manufactured on or after August 1, 2005 is a standard seat assembly consisting of a simulated vehicle bench seat, with three seating positions, which is depicted in Drawing Package, “NHTSA Standard Seat Assembly; FMVSS No. 213, No. NHTSA-213-2003,” (consisting of drawings and a bill of materials) dated June 3, 2003 (incorporated by reference; see §571.5 ). The assembly is mounted on a dynamic test platform so that the center SORL of the seat is parallel to the direction of the test platform travel and so that movement between the base of the assembly and the platform is prevented.

(2) The test device for built-in child restraint systems is either the specific vehicle shell or the specific vehicle.

(i) Specific vehicle shell.

(A) The specific vehicle shell, if selected for testing, is mounted on a dynamic test platform so that the longitudinal center line of the shell is parallel to the direction of the test platform travel and so that movement between the base of the shell and the platform is prevented. Adjustable seats are in the adjustment position midway between the forwardmost and rearmost positions, and if separately adjustable in a vertical direction, are at the lowest position. If an adjustment position does not exist midway between the forwardmost and rearmost position, the closest adjustment position to the rear of the midpoint is used. Adjustable seat backs are in the manufacturer’s nominal design riding position. If such a position is not specified, the seat back is positioned so that the longitudinal center line of the child test dummy’s neck is vertical, and if an instrumented test dummy is used, the accelerometer surfaces in the dummy’s head and thorax, as positioned in the vehicle, are horizontal. If the vehicle seat is equipped with adjustable head restraints, each is adjusted to its highest adjustment position.

(B) The platform is instrumented with an accelerometer and data processing system having a frequency response of 60 Hz channel frequency class as specified in SAE Recommended Practice J211/1, (incorporated by reference, see §571.5). The accelerometer sensitive axis is parallel to the direction of test platform travel.

(ii) Specific vehicle. For built-in child restraint systems, an alternate test device is the specific vehicle into which the built-in system is fabricated. The following test conditions apply to this alternate test device.

(A) The vehicle is loaded to its unloaded vehicle weight plus its rated cargo and luggage capacity weight, secured in the luggage area, plus the appropriate child test dummy and, at the vehicle manufacturer’s option, an anthropomorphic test dummy which conforms to the requirements of subpart B or subpart E of part 572 of this title for a 50th percentile adult male dummy placed in the front outboard seating position. If the built-in child restraint system is installed at one of the seating positions otherwise requiring the placement of a part 572 test dummy, then in the frontal barrier crash specified in (c), the appropriate child test dummy shall be substituted for the part 572 adult dummy, but only at that seating position. The fuel tank is filled to any level from 90 to 95 percent of capacity.

(B) Adjustable seats are in the adjustment position midway between the forward-most and rearmost positions, and if separately adjustable in a vehicle direction, are at the lowest position. If an adjustment position does not exist midway between the forward-most and rearmost positions, the closest adjustment position to the rear of the midpoint is used.

(C) Adjustable seat backs are in the manufacturer’s nominal design riding position. If a nominal position is not specified, the seat back is positioned so that the longitudinal center line of the child test dummy’s neck is vertical, and if an anthropomorphic test dummy is used, the accelerometer surfaces in the test dummy’s head and thorax, as positioned in the vehicle, are horizontal. If the vehicle is equipped with adjustable head restraints, each is adjusted to its highest adjustment position.

(D) Movable vehicle windows and vents are, at the manufacturer’s option, placed in the fully closed position.

(E) Convertibles and open-body type vehicles have the top, if any, in place in the closed passenger compartment configuration.

(F) Doors are fully closed and latched but not locked.

(G) All instrumentation and data reduction are in conformance with SAE Recommended Practice J211/1 (1995), “Instrumentation for Impact Tests,” (incorporated by reference, see § 571.5).

(b) The tests are frontal barrier impact simulations of the test platform or frontal barrier crashes of the specific vehicles as specified in S5.1 of §571.208 and for:

(1) Test Configuration I, are at a velocity change of 48 km/h with the acceleration of the test platform entirely within the curve shown in Figure 2 (for child restraints manufactured before August 1, 2005) or in Figure 2A (for child restraints manufactured on or after August 1, 2005), or for the specific vehicle test with the deceleration produced in a 48 km/h frontal barrier crash.

(2) Test Configuration II, are set at a velocity change of 32 km/h with the acceleration of the test platform entirely within the curve shown in Figure 3, or for the specific vehicle test, with the deceleration produced in a 32 km/h frontal barrier crash.

(c) As illustrated in Figures 1A and 1B of this standard, attached to the seat belt anchorage points provided on the standard seat assembly are Type 1 seat belt assemblies in the case of add-on child restraint systems other than belt-positioning seats, or Type 2 seat belt assemblies in the case of belt-positioning seats. These seat belt assemblies meet the requirements of Standard No. 209 ( § 571.209 ) and have webbing with a width of not more than 2 inches, and are attached to the anchorage points without the use of retractors or reels of any kind. As illustrated in Figures 1A” and 1B” of this standard, attached to the standard seat assembly is a child restraint anchorage system conforming to the specifications of Standard No. 225 (§571.225), in the case of add-on child restraint systems other than belt-positioning booster seats.

(d)(1) When using the test dummy specified in 49 CFR part 572, subparts I and K, performance tests under S6.1 are conducted at any ambient temperature from 19 ºC to 26 ºC and at any relative humidity from 10 percent to 70 percent.

(2) When using the test dummies specified in 49 CFR part 572, subparts N, P, R or T, performance tests under S6.1 are conducted at any ambient temperature from 20.6 ºC to 22.2 ºC and at any relative humidity from 10 percent to 70 percent.

(e) In the case of add-on child restraint systems, the restraint shall meet the requirements of S5 at each of its seat back angle adjustment positions and restraint belt routing positions, when the restraint is oriented in the direction recommended by the manufacturer (e.g., forward, rearward or laterally) pursuant to S5.6, and tested with the test dummy specified in S7.

S6.1.2 Dynamic test procedure.

(a) Activate the built-in child restraint or attach the add-on child restraint to the seat assembly as described below:

(1) Test configuration I.

(i) Child restraints other than belt-positioning seats. Attach the child restraint in any of the following manners specified in S6.1.2(a)(1)(i)(A) through (D), unless otherwise specified in this standard.

(A) Install the child restraint system at the center seating position of the standard seat assembly, in accordance with the manufacturer’s instructions provided with the system pursuant to S5.6.1, except that the standard lap belt is used and, if provided, a tether strap may be used. For harnesses that bear the label shown in Figure 12 and that meet S5.3.1(b)(1) through S5.3.1(b)(3), attach the harness in accordance with the manufacturer’s instructions provided with the system pursuant to S5.6.1, i.e., the seat back mount is used.

(B) Except for a child harness, a school bus child restraint system, and a restraint designed for use by children with physical disabilities, install the child restraint system at the center seating position of the standard seat assembly as in S6.1.2(a)(1)(i)(A), except that no tether strap (or any other supplemental device) is used.

(C) Install the child restraint system using the child restraint anchorage system at the center seating position of the standard seat assembly in accordance with the manufacturer’s instructions provided with the system pursuant to S5.6.1. The tether strap, if one is provided, is attached to the tether anchorage.

(D) Install the child restraint system using only the lower anchorages of the child restraint anchorage system as in S6.1.2(a)(1)(i)(C). No tether strap (or any other supplemental device) is used.

(ii) Belt-positioning seats. A belt-positioning seat is attached to either outboard seating position of the standard seat assembly in accordance with the manufacturer's instructions provided with the system pursuant to S5.6.1 using only the standard vehicle lap and shoulder belt and no tether (or any other supplemental device). Place the belt-positioning seat on the standard seat assembly such that the center plane of the belt-positioning seat is parallel and aligned to the center plane of the outboard seating positions on the standard seat assembly and the base of the belt-positioning seat is flat on the standard seat assembly cushion. Move the belt-positioning seat rearward on the standard seat assembly until some part of the belt-positioning seat touches the standard seat assembly back. Keep the belt-positioning seat and the seating position center plane aligned as much as possible. Apply 133 N (30 pounds) of force to the front of the belt-positioning seat rearward into the standard seat assembly and release.

(iii) In the case of each built-in child restraint system, activate the restraint in the specific vehicle shell or the specific vehicle, in accordance with the manufacturer’s instructions provided in accordance with S5.6.2.

(2) Test configuration II. (i) In the case of each add-on child restraint system which is equipped with a fixed or movable surface described in S5.2.2.2, or a backless child restraint system with a top anchorage strap, install the add-on child restraint system at the center seating position of the standard seat assembly using only the standard seat lap belt to secure the system to the standard seat.

(ii) In the case of each built-in child restraint system which is equipped with a fixed or movable surface described in S5.2.2.2, or a built-in booster seat with a top anchorage strap, activate the system in the specific vehicle shell or the specific vehicle in accordance with the manufacturer’s instructions provided in accordance with S5.6.2.

(b) Select any dummy specified in S7 for testing systems for use by children of the heights and weights for which the system is recommended in accordance with S5.5. The dummy is assembled, clothed and prepared as specified in S7 and S9 and Part 572 of this chapter, as appropriate.

(c) Place the dummy in the child restraint. Position it, and attach the child restraint belts, if appropriate, as specified in S10.

(d) Belt adjustment.

(1) Add-on systems other than belt-positioning seats.

(i) If appropriate, shoulder and pelvic belts that directly restrain the dummy shall be adjusted as follows: Tighten the belts until a 9 N force applied (as illustrated in figure 5) to the webbing at the top of each dummy shoulder and to the pelvic webbing 50 mm on either side of the torso midsagittal plane pulls the webbing 7 mm from the dummy.

(ii) All Type I belt systems used to attach an add-on child restraint system to the standard seat assembly, and any provided additional anchorage belt (tether), are tightened to a tension of not less than 53.5 N and not more than 67 N, as measured by a load cell used on the webbing portion of the belt. All belt systems used to attach a harness that bears the label shown in Figure 12 and that meets S5.3.1(b)(i) through S5.3.1(b)(iii) are also tightened to a tension of not less than 53.5 N and not more than 67 N, by measurement means specified in this paragraph.

(iii) When attaching a child restraint system to the tether anchorage and the child restraint anchorage system on the standard seat assembly, tighten all belt systems used to attach the restraint to the standard seat assembly to a tension of not less than 53.5 N and not more than 67 N, as measured by a load cell or other suitable means used on the webbing portion of the belt.

(2) Add-on belt-positioning seats.

(i) The lap portion of Type II belt systems used to restrain the dummy is tightened to a tension of not less than 9 N (2 pounds) and not more than 18 N (4 pounds).

(ii) The shoulder portion of Type II belt systems used to restrain the dummy is tightened to a tension of not less than 9 N (2 pounds) and not more than 18 N (4 pounds).

(3) Built-in child restraint systems.

(i) The lap portion of Type II belt systems used to secure a dummy to the built-in child restraint system is tightened to a tension of not less than 53.5 N and not more than 67 N, as measured by a load cell used on the webbing portion of the belt.

(ii) The shoulder portion of Type II belt systems used to secure a child is tightened to a tension of not less than 9 N and not more than 18 N, as measured by a load cell used on the webbing portion of the belt.

(iii) If provided, and if appropriate to attach the child restraint belts under S10, shoulder (other than the shoulder portion of a Type II vehicle belt system) and pelvic belts that directly restrain the dummy shall be adjusted as follows: Tighten the belts until a 9 N force applied (as illustrated in figure 5) to the webbing at the top of each dummy shoulder and to the pelvic webbing 50 mm on either side of the torso midsagittal plane pulls the webbing 7 mm from the dummy.

(e) Accelerate the test platform to simulate frontal impact in accordance with Test Configuration I or II, as appropriate.

(f) Determine conformance with the requirements in S5.1.

S6.2 Buckle release test procedure.

The belt assembly buckles used in any child restraint system shall be tested in accordance with S6.2.1 through S6.2.4 inclusive.

S6.2.1 Before conducting the testing specified in S6.1, place the loaded buckle on a hard, flat, horizontal surface. Each belt end of the buckle shall be pre-loaded in the following manner. The anchor end of the buckle shall be loaded with a 9 N force in the direction away from the buckle. In the case of buckles designed to secure a single latch plate, the belt latch plate end of the buckle shall be pre-loaded with a 9 N force in the direction away from the buckle. In the case of buckles designed to secure two or more latch plates, the belt latch plate ends of the buckle shall be loaded equally so that the total load is 9 N, in the direction away from the buckle. For pushbutton-release buckles, the release force shall be applied by a conical surface (cone angle not exceeding 90 degrees). For pushbutton-release mechanisms with a fixed edge (referred to in Figure 7 as “hinged button”), the release force shall be applied at the centerline of the button, 3 mm away from the movable edge directly opposite the fixed edge, and in the direction that produces maximum releasing effect. For pushbutton-release mechanisms with no fixed edge (referred to in Figure 7 as “floating button”), the release force shall be applied at the center of the release mechanism in the direction that produces the maximum releasing effect. For all other buckle release mechanisms, the force shall be applied on the centerline of the buckle lever or finger tab in the direction that produces the maximum releasing effect. Measure the force required to release the buckle. Figure 7 illustrates the loading for the different buckles and the point where the release force should be applied, and Figure 8 illustrates the conical surface used to apply the release force to pushbutton-release buckles.

S6.2.2 After completion of the testing specified in S6.1 and before the buckle is unlatched, tie a self-adjusting sling to each wrist and ankle of the test dummy in the manner illustrated in Figure 4, without disturbing the belted dummy and the child restraint system.

S6.2.3 Pull the sling tied to the dummy restrained in the child restraint system and apply the following force: 50 N for a system tested with a newborn dummy (49 CFR part 572, subpart K); 90 N for a system tested with a 12-month-old dummy (49 CFR part 572, subpart R); 200 N for a system tested with a 3-year-old dummy (49 CFR part 572, subpart P); 270 N for a system tested with a 6-year-old dummy (49 CFR part 572, subpart N or I); 350 N for a system tested with a weighted 6-year-old dummy (49 CFR part 572, subpart S); or 437 N for a system tested with a 10-year-old dummy (49 CFR part 572, subpart T). The force is applied in the manner illustrated in Figure 4 and as follows:

(a) Add-on Child Restraints. For an add-on child restraint other than a car bed, apply the specified force by pulling the sling horizontally and parallel to the SORL of the standard seat assembly. For a car bed, apply the force by pulling the sling vertically.

(b) Built-in Child Restraints. For a built-in child restraint other than a car bed, apply the force by pulling the sling parallel to the longitudinal centerline of the specific vehicle shell or the specific vehicle. In the case of a car bed, apply the force by pulling the sling vertically.

S6.2.4 While applying the force specified in S6.2.3, and using the device shown in Figure 8 for pushbutton-release buckles, apply the release force in the manner and location specified in S6.2.1, for that type of buckle. Measure the force required to release the buckle.

S6.3 [Reserved]

S7 Test dummies. (Subparts referenced in this section are of part 572 of this chapter.)

S7.1 Dummy selection. Select any dummy specified in S7.1.1, S7.1.2 or S7.1.3, as appropriate, for testing systems for use by children of the height and mass for which the system is recommended in accordance with S5.5. A child restraint that meets the criteria in two or more of the following paragraphs in S7 may be tested with any of the test dummies specified in those paragraphs.

S7.1.1 [Reserved]

S7.1.2 Child restraints that are manufactured on or after August 1, 2005, are subject to the following provisions and S7.1.3.

(a) A child restraint that is recommended by its manufacturer in accordance with S5.5 for use either by children in a specified mass range that includes any children having a mass of not greater than 5 kg, or by children in a specified height range that includes any children whose height is not greater than 650 mm, is tested with a newborn test dummy conforming to part 572 subpart K.

(b) A child restraint that is recommended by its manufacturer in accordance with S5.5 for use either by children in a specified mass range that includes any children having a mass greater than 5 but not greater than 10 kg, or by children in a specified height range that includes any children whose height is greater than 650 mm but not greater than 850 mm, is tested with a newborn test dummy conforming to part 572 subpart K, and a 12-month-old test dummy conforming to part 572 subpart R.

(c) A child restraint that is recommended by its manufacturer in accordance with S5.5 for use either by children in a specified mass range that includes any children having a mass greater than 10 kg but not greater than 18 kg, or by children in a specified height range that includes any children whose height is greater than 850 mm but not greater than 1100 mm, is tested with a 12-month-old test dummy conforming to part 572 subpart R, and a 3-year-old test dummy conforming to part 572 subpart P and S7.2, provided, however, that the 12-month-old dummy is not used to test a booster seat.

(d) A child restraint that is recommended by its manufacturer in accordance with S5.5 for use either by children in a specified mass range that includes any children having a mass greater than 18 kg (40 lb) but not greater than 22.7 (50 lb), or by children in a specified height range that includes any children whose height is greater than 1100 mm but not greater than 1250 mm is tested with a 49 CFR part 572, subpart N dummy (Hybrid III 6-year-old dummy).

(e) A child restraint that is recommended by its manufacturer in accordance with S5.5 for use either by children in a specified mass range that includes any children having a mass greater than 22.7 kg (50 lb) but not greater than 30 kg (65 lb) or by children in a specified height range that includes any children whose height is greater than 1100 mm but not greater than 1250 mm is tested with a 49 CFR part 572, subpart N dummy (Hybrid III 6-year-old dummy) and with a part 572, subpart S dummy (Hybrid III 6-year-old weighted dummy).

(f) A child restraint that is recommended by its manufacturer in accordance with S5.5 for use either by children in a specified mass range that includes any children having a mass greater than 30 kg (65 lb) or by children in a specified height range that includes any children whose height is greater than 1250 mm is tested with a 49 CFR part 572, subpart T dummy (Hybrid III 10-year-old dummy).

S7.1.3 Voluntary use of alternative dummies. At the manufacturer’s option (with said option irrevocably selected prior to, or at the time of, certification of the restraint), when this section specifies use of the 49 CFR part 572, subpart N (Hybrid III 6-year-old dummy) test dummy, the test dummy specified in 49 CFR part 572, subpart I (Hybrid II 6-year-old dummy) may be used in place of the subpart N test dummy.

S8 Requirements, test conditions, and procedures for child restraint systems manufactured for use in aircraft. Each child restraint system manufactured for use in both motor vehicles and aircraft must comply with all of the applicable requirements specified in Section S5 and with the additional requirements specified in S8.1 and S8.2.

S8.1 Installation instructions. Each child restraint system manufactured for use in aircraft shall be accompanied by printed instructions in English that provide a step-by-step procedure, including diagrams, for installing the system in aircraft passenger seats, securing a child in the system when it is installed in aircraft, and adjusting the system to fit the child.

S8.2 Inversion test. When tested in accordance with S8.2.1 through S8.2.5, each child restraint system manufactured for use in aircraft shall meet the requirements of S8.2.1 through S8.2.6. The manufacturer may, at its option, use any seat which is a representative aircraft passenger seat within the meaning of S4. Each system shall meet the requirements at each of the restraint’s seat back angle adjustment positions and restraint belt routing positions, when the restraint is oriented in the direction recommended by the manufacturer (e.g., facing forward, rearward or laterally) pursuant to S8.1, and tested with the test dummy specified in S7. If the manufacturer recommendations do not include instructions for orienting the restraint in aircraft when the restraint seat back angle is adjusted to any position, position the restraint on the aircraft seat by following the instructions (provided in accordance with S5.6) for orienting the restraint in motor vehicles.

S8.2.1 A standard seat assembly consisting of a representative aircraft passenger seat shall be positioned and adjusted so that its horizontal and vertical orientation and its seat back angle are the same as shown in Figure 6.

S8.2.2 The child restraint system shall be attached to the representative aircraft passenger seat using, at the manufacturer’s option, any Federal Aviation Administration approved aircraft safety belt, according to the restraint manufacturer’s instructions for attaching the restraint to an aircraft seat. No supplementary anchorage belts or tether straps may be attached; however, Federal Aviation Administration approved safety belt extensions may be used.

S8.2.3 In accordance with S10, place in the child restraint any dummy specified in S7 for testing systems for use by children of the heights and weights for which the system is recommended in accordance with S5.5 and S8.1.

S8.2.4 If provided, shoulder and pelvic belts that directly restrain the dummy shall be adjusted in accordance with S6.1.2.

S8.2.5 The combination of representative aircraft passenger seat, child restraint, and test dummy shall be rotated forward around a horizontal axis which is contained in the median transverse vertical plane of the seating surface portion of the aircraft seat and is located 25 mm below the bottom of the seat frame, at a speed of 35 to 45 degrees per second, to an angle of 180 degrees. The rotation shall be stopped when it reaches that angle and the seat shall be held in this position for three seconds. The child restraint shall not fall out of the aircraft safety belt nor shall the test dummy fall out of the child restraint at any time during the rotation or the three second period. The specified rate of rotation shall be attained in not less than one half second and not more than one second, and the rotating combination shall be brought to a stop in not less than one half second and not more than one second.

S8.2.6 Repeat the procedures set forth in S8.2.1 through S8.2.4. The combination of the representative aircraft passenger seat, child restraint, and test dummy shall be rotated sideways around a horizontal axis which is contained in the median longitudinal vertical plane of the seating surface portion of the aircraft seat and is located 25 mm below the bottom of the seat frame, at a speed of 35 to 45 degrees per second, to an angle of 180 degrees. The rotation shall be stopped when it reaches that angle and the seat shall be held in this position for three seconds. The child restraint shall not fall out of the aircraft safety belt nor shall the test dummy fall out of the child restraint at any time during the rotation or the three second period. The specified rate of rotation shall beattained in not less than one half second and not more than one second, and the rotating combination shall be brought to a stop in not less than one half second and not more than one second.

S9 Dummy clothing and preparation.

S9.1 Type of clothing.

(a) Newborn dummy. When used in testing under this standard, the dummy is unclothed.

(b) [Reserved]

(c) 12-month-old dummy (49 CFR Part 572, Subpart R). When used in testing under this standard, the dummy specified in 49 CFR part 572, subparts R, is clothed in a cotton-polyester based tight fitting sweat shirt with long sleeves and ankle long pants whose combined weight is not more than 0.25 kg.

(d) Hybrid II three-year-old and Hybrid II six-year-old dummies (49 CFR part 572, subparts C and I). When used in testing under this standard, the dummies specified in 49 CFR part 572, subparts C and I, are clothed in thermal knit, waffle-weave polyester and cotton underwear or equivalent, a size 4 long-sleeved shirt (3-year-old dummy) or a size 5 long-sleeved shirt (6-year-old dummy) having a mass of 0.090 kg, a size 4 pair of long pants having a mass of 0.090 kg, and cut off just far enough above the knee to allow the knee target to be visible, and size 7M sneakers (3-year-old dummy) or size 12 1/2 M sneakers (6-year-old dummy) with rubber toe caps, uppers of dacron and cotton or nylon and a total mass of 0.453 kg.

(e) Hybrid III 3-year-old dummy (49 CFR Part 572, Subpart P). When used in testing under this standard, the dummy specified in 49 CFR Part 572, Subpart P, is clothed as specified in that subpart, except that the shoes are children’s size 8 canvas oxford style sneakers weighing not more than 0.26 kg each.

(f) Hybrid III 6-year-old dummy (49 CFR Part 572, Subpart N) and Hybrid III 6-year-old weighted dummy (49 CFR Part 572, Subpart S), and Hybrid III 10-year-old dummy (49 CFR part 572, subpart T). When used in testing under this standard, the dummies specified in 49 CFR part 572, Subparts N and S, are clothed as specified in Subpart N and with child or youth size 13 M sneakers weighing not more than 0.45 kg each. When used in testing under this standard, the dummy specified in 49 CFR part 572, Subpart T, is clothed as specified in Subpart T and with youth size 3 sneakers weighing not more than 0.6 kg each.

S9.2 Preparing clothing. Clothing other than the shoes is machined-washed in 71 °C to 82 °C and machine-dried at 49 °C to 60 °C for 30 minutes.

S9.3 Preparing dummies. (Subparts referenced in this section are of Part 572 of this chapter.)

S9.3.1 When using the test dummies conforming to part 572 C, I, or K, prepare the dummies as specified in this paragraph. Before being used in testing under this standard, dummies must be conditioned at any ambient temperature from 19 ºC to 25.5 ºC and at any relative humidity from 10 percent to 70 percent, for at least 4 hours.

S9.3.2 When using the test dummies conforming to part 572 subparts N, P, R, S or T, prepare the dummies as specified in this paragraph. Before being used in testing under this standard, dummies must be conditioned at any ambient temperature from 20.6º to 22.2ºC and at any relative humidity from 10 percent to 70 percent, for at least 4 hours.

S10 Positioning the dummy and attaching the system belts.

S10.1 Car beds. Place the test dummy in the car bed in the supine position with its midsagittal plane perpendicular to the center SORL of the standard seat assembly, in the case of an add-on car bed, or perpendicular to the longitudinal axis of the specific vehicle shell or the specific vehicle, in the case of a built-in car bed. Position the dummy within the car bed in accordance with the instructions for child positioning that the bed manufacturer provided with the bed in accordance with S5.6.

S10.2 Restraints other than car beds.

S10.2.1 Newborn dummy and 12-month-old dummy. Position the test dummy according to the instructions for child positioning that the manufacturer provided with the system under S5.6.1 or S5.6.2, while conforming to the following:

(a) [Reserved]

(b)(1) [Reserved]

(2) When testing rear-facing child restraint systems, place the newborn, or 12-month-old dummy in the child restraint system so that the back of the dummy torso contacts the back support surface of the system. For a child restraint system which is equipped with a fixed or movable surface described in S5.2.2.2 which is being tested under the conditions of test configuration II, do not attach any of the child restraint belts unless they are an integral part of the fixed or movable surface. For all other child restraint systems and for a child restraint system with a fixed or movable surface which is being tested under the conditions of test configuration I, attach all appropriate child restraint belts and tighten them as specified in S6.1.2. Attach all appropriate vehicle belts and tighten them as specified in S6.1.2. Position each movable surface in accordance with the instructions that the manufacturer provided under S5.6.1 or S5.6.2. If the dummy's head does not remain in the proper position, tape it against the front of the seat back surface of the system by means of a single thickness of 6 mm-wide paper masking tape placed across the center of the dummy's face.

(c)(1)(i) When testing forward-facing child restraint systems, extend the arms of the 12-month old test dummy as far as possible in the upward vertical direction. Extend the legs of the 12-month-old test dummy as far as possible in the forward horizontal direction, with the dummy feet perpendicular to the centerline of the lower legs. Using a flat square surface with an area of 2,580 square mm, apply a force of 178 N, perpendicular to:

(A) The plane of the back of the standard seat assembly, in the case of an add-on system, or

(B) The back of the vehicle seat in the specific vehicle shell or the specific vehicle, in the case of a built-in system, first against the dummy crotch and then at the dummy thorax in the midsagittal plane of the dummy. For a child restraint system with a fixed or movable surface described in S5.2.2.2, which is being tested under the conditions of test configuration II, do not attach any of the child restraint belts unless they are an integral part of the fixed or movable surface. For all other child restraint systems and for a child restraint system with a fixed or movable surface which is being tested under the conditions of test configuration I, attach all appropriate child restraint belts and tighten them as specified in S6.1.2. Attach all appropriate vehicle belts and tighten them as specified in S6.1.2. Position each movable surface in accordance with the instructions that the manufacturer provided under S5.6.1 or S5.6.2.

(ii) After the steps specified in paragraph (c)(1)(i) of this section, rotate each dummy limb downwards in the plane parallel to the dummy’s midsagittal plane until the limb contacts a surface of the child restraint system or the standard seat assembly, in the case of an add-on system, or the specific vehicle shell or specific vehicle, in the case of a built-in system, as appropriate. Position the limbs, if necessary, so that limb placement does not inhibit torso or head movement in tests conducted under S6.

(2) When testing rear-facing child restraint systems, extend the dummy’s arms vertically upwards and then rotate each arm downward toward the dummy’s lower body until the arm contacts a surface of the child restraint system or the standard seat assembly in the case of an add-on child restraint system, or the specific vehicle shell or the specific vehicle, in the case of a built-in child restraint system. Ensure that no arm is restrained from movement in other than the downward direction, by any part of the system or the belts used to anchor the system to the standard seat assembly, the specific shell, or the specific vehicle.

S10.2.2 Other dummies generally. When using: (1) the Hybrid III 3-year-old (part 572, subpart P), Hybrid II 6-year-old (part 572, subpart I), and Hybrid III weighted 6-year-old (part 572, subpart S) in child restraint systems including belt-positioning seats; (2) the Hybrid III 6-year-old (part 572, subpart N) and the Hybrid III 10-year-old (part 572, subpart T) in child restraint systems other than belt-positioning seats, position the dummy in accordance with S5.6.1 or S5.6.2, while conforming to the following:

(a) Holding the test dummy torso upright until it contacts the system’s design seating surface, place the test dummy in the seated position within the system with the midsagittal plane of the test dummy head—

(1) Coincident with the center SORL of the standard seating assembly, in the case of the add-on child restraint system, or

(2) Vertical and parallel to the longitudinal center line of the specific vehicle, in the case of a built-in child restraint system.

(b) Extend the arms of the test dummy as far as possible in the upward vertical direction. Extend the legs of the dummy as far as possible in the forward horizontal direction, with the dummy feet perpendicular to the center line of the lower legs.

(c) Using a flat square surface with an area of 2580 square millimeters, apply a force of 178 N, perpendicular to:

(1) The plane of the back of the standard seat assembly, in the case of an add-on system, or

(2) The back of the vehicle seat in the specific vehicle shell or the specific vehicle, in the case of a built-in system, first against the dummy crotch and then at the dummy thorax in the midsagittal plane of the dummy. For a child restraint system with a fixed or movable surface described in S5.2.2.2, which is being tested under the conditions of test configuration II, do not attach any of the child restraint belts unless they are an integral part of the fixed or movable surface. For all other child restraint systems and for a child restraint system with a fixed or movable surface which is being tested under the conditions of test configuration I, attach all appropriate child restraint belts and tighten them as specified in S6.1.2. Attach all appropriate vehicle belts and tighten them as specified in S6.1.2. Position each movable surface in accordance with the instructions that the manufacturer provided under S5.6.1 or S5.6.2.

(d) After the steps specified in paragraph (c) of this section, rotate each dummy limb downwards in the plane parallel to the dummy’s midsagittal plane until the limb contacts a surface of the child restraint system or the standard seat assembly, in the case of an add-on system, or the specific vehicle shell or specific vehicle, in the case of a built-in system, as appropriate. Position the limbs, if necessary, so that limb placement does not inhibit torso or head movement in tests conducted under S6.







































S10.2.3 Hybrid III 6-year-old in belt-positioning seats, Hybrid III weighted 6-year-old in belt-positioning seats, and Hybrid III 10-year-old in belt-positioning seats. When using the Hybrid III 6-year-old (part 572, subpart N), the Hybrid III weighted 6-year-old (part 572, subpart S), or the Hybrid III 10-year-old (part 572, subpart T) in belt-positioning seats, position the dummy in accordance with S5.6.1 or S5.6.2, while conforming to the following:

(a) Prepare the dummy.

(1) When using the Hybrid III 10-year-old dummy, prepare the dummy according to the following:

(i) Set the dummy’s neck angle at the SP-16 setting (“SP” means standard procedure), see Figure 14a.

(ii) Set the dummy’s lumbar angle at the SP-12 setting, see Figure 14b. This is done by aligning the notch on the lumbar adjustment bracket with the SP-12 notch on the lumbar attachment.

(iii) Adjust the limb joints to 1-2 g while the torso is in the seated position.

(iv) Apply double-sided tape to the surface of a lap shield, which is a piece of translucent silicone rubber 3 mm 0.5 mm thick (50A durometer) cut to the dimensions specified in Figure 13. Place the lap shield on the pelvis of the dummy. Align the top of the lap shield with the superior anterior edge of the pelvis skin. Attach the lap shield to the dummy.

(v) Apply double-sided tape to one side of a pelvis positioning pad, which is a 125 x 95 x 20 mm (+/-2 mm tolerance in each of the three dimensions) piece of closed cell (Type 2 according to ASTM D-1056-07) (incorporated by reference; see §571.5 ) foam or rubber cut from material having the following specifications: compression resistance between 9 to 17 psi in a compression-deflection test specified in ASTM D-1056-07 (incorporated by reference; see §571.5 ), and a density of 7 to 12.5 lb/ft 3. Center the long axis of the pad on the posterior of the pelvis with the top edge of the foam aligned with the superior edge of the pelvis skin. Attach the pelvis positioning pad to the dummy.

(a)(1)(vi) Dress and prepare the dummy according to S9.

(a)(2) When using the Hybrid III 6-year-old dummy, prepare the dummy according to the following:

(a)(2)(i) If necessary, adjust the limb joints to 1-2 g while the torso is in the seated position.

(a)(2)(ii) Apply double-sided tape to the surface of a lap shield, which is a piece of translucent silicone rubber 3 mm thick ±0.5 mm thick (50A durometer) cut to the dimensions specified in Figure 13. Place the lap shield on the pelvis of the dummy. Align the top of the lap shield with the superior anterior edge of the pelvis skin. Attach the lap shield to the dummy.

(a)(2)(iii) Dress and prepare the dummy according to S9.

(b) Position the belt-positioning seat according to S6.1.2(a)(1)(ii).

(c) Position the dummy in the belt-positioning seat.

(c)(1) Place the dummy on the seat cushion of the belt-positioning seat such that the plane of the posterior pelvis is parallel to the plane of the seat back of the belt-positioning seat, standard seat assembly or vehicle seat back, but not touching. Pick up and move the dummy rearward, maintaining the parallel planes, until the pelvis positioning pad, if used, or the pelvis or back of the dummy and the back of the belt-positioning seat or the back of the standard seat assembly, are in minimal contact.

(c)(2) Straighten and align the arm segments horizontally, then rotate the arms upward at the shoulder as far as possible without contacting the belt-positioning seat. Straighten and align the legs horizontally and extend the lower legs as far as possible in the forward horizontal direction, with the feet perpendicular to the centerline of the lower legs.

(c)(3) Using a flat square surface with an area of 2580 square millimeters, apply a force of 178 N (40 lb) first against the dummy crotch and then against the dummy thorax on the midsagittal plane of the dummy, perpendicular to:

(c)(3)(i) The plane of the back of the belt-positioning seat, in the case of a belt-positioning seat with a back, or,

(c)(3)(ii) The plane of the back of the standard seat assembly or vehicle seat, in the case of a backless belt-positioning seat or built-in booster.

(c)(4) Rotate the arms of the dummy down so that they are perpendicular to the torso.

(c)(5) Bend the knees until the back of the lower legs are in minimal contact with the belt-positioning seat, standard seat assembly or vehicle seat. Position the legs such that the outer edges of the knees are 180 +/- 10 mm apart for the Hybrid III 6-year-old dummy and 220 +/- 10 mm apart for the Hybrid III 10-year-old dummy. Position the feet such that the soles are perpendicular to the centerline of the lower legs. In the case of a belt-positioning seat with a back, adjust the dummy so that the shoulders are parallel to a line connecting the shoulder belt guides. This can be accomplished by leaning the torso such that the dummy’s head and neck are centered on the backrest components of the belt-positioning seat. In case of a backless child restraint, adjust the dummy’s torso so that the head is as close to laterally level as possible.

(d) Apply the belt. Attach the vehicle belts and tighten them as specified in S6.1.2.

(e) Dummy final positioning.

(e)(1) Check the leg, feet, thorax and head positions and make any necessary adjustments to achieve the positions described in S10.2.3(c)(5). Position the legs, if necessary, so that the leg placement does not inhibit thorax movement in tests conducted under S6.

(e)(2) Rotate each dummy arm downwards in the plane parallel to the dummy’s midsagittal plane until the arm contacts a surface of the child restraint system or the standard seat assembly, in the case of an add-on system, or the specific vehicle shell or specific vehicle, in the case of a built-in system, as appropriate. Position the arms, if necessary, so that the arm placement does not inhibit torso or head movement in tests conducted under S6.







EDITORIAL NOTE: For Federal Register citations affecting §571.213, see the List of CFR Sections Affected in the Finding Aids section of this volume.

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Most Recent Highlights In Environmental

HazCom, Hazmat, and HazWaste: Unpacking applicability and training requirements
2025-10-17T05:00:00Z

HazCom, Hazmat, and HazWaste: Unpacking applicability and training requirements

No matter what you call them, hazardous chemicals are regulated by OSHA, DOT, and EPA depending upon what you’re doing with those chemicals. Three of the most confusing sets of regulations related to chemicals include:

  • Hazard Communication (HazCom), 29 CFR 1910.1200 — OSHA requires that chemical hazards be communicated downstream from the manufacturer, importer, or distributor to employers and employees. This communication takes the form of safety data sheets (SDSs), labels, and information/training.
  • Hazardous Materials (Hazmat), 49 CFR 171 to 180 — DOT regulates hazmat. Hazmat regulations are aimed to ensure that hazmat is packaged and handled safely during transport.
  • Hazardous Waste (HazWaste), 40 CFR 260 to 299 — EPA explains that HazWaste is solid waste that is listed as hazardous OR that exhibits a characteristic of HazWaste (ignitability, corrosivity, reactivity, or toxicity). HazWaste is waste with properties that make it dangerous or capable of having a harmful effect on human health and the environment.

OSHA HazCom

HazCom applies to “any chemical which is known to be present in the workplace in such a manner that employees may be exposed under normal conditions of use or in a foreseeable emergency.” The OSHA regulation has requirements for hazardous chemical manufacturers, importers, distributors, and employers.

HazCom-covered employers must ensure containers of non-exempt hazardous chemicals are labeled, SDSs are readily accessible to employees in their work areas, and effective information/training is provided for exposed employees. They must also prepare and implement a written HazCom program (which includes a chemical inventory), unless they only have exempted operations under 1910.1200(b)(3) and/or (b)(4).

Covered employees have a right to understand the chemical hazards in their workplace. Training is key to ensuring employees have that understanding. Employees must be trained prior to initial assignment with hazardous chemicals and whenever a new chemical hazard is introduced. Employers must cover the elements in 1910.1200(h).

DOT Hazmat

The hazmat regulations apply to those involved in three primary types of activities: pre-transportation functions, transportation functions, and hazmat packaging. Pre-transportation functions include activities performed by the hazmat shipper and deal largely with paperwork. Transportation functions, on the other hand, include activities performed by those directly involved in transporting hazmat, including drivers.

“Hazmat employees” must be trained per 49 CFR 172.704 within 90 days of employment or job function assignment, and refresher training is mandated at least once every three years. Employees are considered hazmat employees if they directly affect hazmat transportation safety. See 49 CFR 171.8 for a detailed definition of hazmat employee.

The DOT says, “Training conducted by OSHA, EPA, and other Federal or international agencies may be used to satisfy the training requirements in 172.704(a) to the extent that such training addresses the components specified in paragraph (a) of this section (general awareness/familiarization; function-specific; safety; security awareness; in-depth security training, if a security plan is required; and driver training for each hazmat employee who will operate a motor vehicle).”

EPA HazWaste

Every business deals with waste and must know how to properly dispose of it. Most states are authorized to run their own HazWaste programs, so a facility needs to be aware of state (and often local) HazWaste regulations. When waste is generated, the facility must identify the waste and determine if it is HazWaste by definition.

EPA’s HazWaste generator regulations at 40 CFR 262 apply differently depending upon the “generator category” (large quantity (LQG), small quantity (SQG), and very small quantity (VSQG)), which is determined by how much HazWaste a facility generates each month. Therefore, under Part 262, employee training requirements too are based on the generator category.

SQGs must train employees according to 40 CFR 262.16. SQGs have basic training requirements. They must ensure employees are thoroughly familiar with proper waste handling and emergency procedures relevant to their responsibilities during normal facility operations and emergencies. LQG personnel training requirements are found at 40 CFR 262.17. Being large, these generators are required to meet much more extensive training requirements. It’s a best practice for VSQGs to train employees to safely handle HazWaste, but it’s not specifically called out in EPA’s HazWaste generator regulations. However, other training regulations, such as those for OSHA and DOT may come into play.

Key to remember: No matter what you call them, hazardous chemicals are regulated by OSHA, DOT, and EPA depending what you’re doing with those chemicals. Employers must understand what regulations apply to their situation and train employees accordingly.

No inspectors, no excuses: Why compliance still matters in a government shutdown
2025-10-14T05:00:00Z

No inspectors, no excuses: Why compliance still matters in a government shutdown

There have been 21 federal shutdowns since 1976, with an average duration of 8 days. The longest shutdown (in 2018–2019) lasted 35 days. Shutdowns aren't uncommon. When federal agencies shut down, inspections stall, enforcement actions pause, and regulatory oversight slows. For many companies, this might seem like a temporary reprieve from environmental scrutiny. But for professionals committed to environmental excellence, it’s an opportunity, not a loophole. The absence of enforcement doesn’t mean the absence of responsibility.

Why compliance still matters, even without enforcement

Environmental compliance isn’t just about avoiding fines. It’s about protecting worker health, community trust, and long-term operational stability. During a government shutdown, the temptation to defer environmental investments or relax internal standards can grow. But doing so risks more than future penalties; it undermines the credibility of your environmental program and can lead to reputational damage.

It’s also important to note that state programs are still typically operational and active during federal shutdowns, so inspections and compliance activities for state-authorized programs continue.

Making the business case for continued investment

To convince management and stakeholders, frame environmental excellence as a strategic asset:

  • Risk management: Environmental lapses can still be discovered post-shutdown, and penalties may be retroactive.
  • Operational efficiency: Many environmental controls improve process reliability, reduce waste, and lower energy costs.
  • Brand and stakeholder trust: Investors, customers, and communities increasingly expect companies to go beyond compliance.
  • Permit renewals and expansions: Agencies may scrutinize historical performance when reviewing future applications.

Use real-world examples or internal metrics to show how environmental investments have paid off — even when enforcement wasn’t the driver.

Strategies for promoting excellence during a shutdown

Environmental professionals can lead by example and keep the momentum going:

  • Maintain internal audits and inspections: Show that oversight continues, even if external reviews pause.
  • Communicate proactively: Share updates with leadership about ongoing compliance efforts and environmental performance.
  • Highlight cost savings: Quantify how environmental initiatives reduce resource use, waste disposal costs, or downtime.
  • Engage employees: Reinforce the company’s environmental values through training, recognition, and involvement.

Turning downtime into opportunity

A shutdown can be a chance to strengthen internal systems:

  • Review and update environmental management plans.
  • Conduct training or tabletop exercises.
  • Evaluate historical data to identify trends and areas of improvement.
  • Prepare for future inspections with mock audits or gap analyses.

These efforts demonstrate commitment and prepare your team for when oversight resumes.

Key to remember: Environmental excellence isn’t just about avoiding fines. It’s about building a resilient, responsible, and respected operation. Even when enforcement pauses, your commitment shouldn’t.

EHS Monthly Round Up - September 2025

EHS Monthly Round Up - September 2025

In this September 2025 roundup video, we'll review the most impactful environmental health and safety news.

Hi everyone! Welcome to the monthly news roundup video, where we’ll review the most impactful environmental health and safety news. Let’s take a look at what’s happened over the past month.

OSHA released its Spring 2025 regulatory agenda on September 4. Many rulemakings have been pushed into the fourth quarter of 2025 and the first half of 2026, while a few have been removed from the agenda altogether. These include Infectious Diseases, Blood Lead Level for Medical Removal, and the Musculoskeletal Disorders Column on the OSHA 300 log.

Three rules moved into the long-term actions category – Workplace Violence in Health Care and Social Assistance, Cranes and Derricks in Construction, and Process Safety Management and Prevention of Major Chemical Accidents. The proposed rule stage saw an influx of new entries, most of which were published in the July 1 Federal Register.

The Standards Improvement Project, slated for proposal in May 2026, intends to “remove, modernize, or narrow duplicative, unnecessary, or overly burdensome regulatory provisions.”

OSHA renewed its alliance with the National Waste and Recycling Association and the Solid Waste Association of North America. The partnership will focus on safety issues such as transportation hazards; slips, trips, and falls; needlestick and musculoskeletal injuries; and health issues associated with lithium battery hazards in waste/recycling collection and processing.

For the 15th year in a row, fall protection for construction topped OSHA’s list of top 10 violations. In fiscal year 2024, there were 5,914 recorded fall protection violations, down from 7,271 in fiscal year 2023. The standards that round out the top 10 remain unchanged, with a shift in some of the rankings.

Turning to environmental news, EPA proposes to eliminate the Greenhouse Gas Reporting Program requirements for all source categories except the petroleum and natural gas systems category. The agency also proposes to suspend compliance obligations for covered facilities until 2034. A public hearing was held October 1 and stakeholders have until November 3 to comment on the proposal.

Hazardous waste handlers may continue to use 5-paper copy manifest forms. EPA announced it will accept these forms from entities regulated by the Resource Conservation and Recovery Act, or RCRA, until further notice. The agency will give a 90-day notice before it plans to stop accepting the 5-copy forms.

And finally, EPA published its Spring 2025 regulatory agenda on September 4. The agenda outlines the agency’s upcoming regulatory actions and their status in the rulemaking process. Major updates on the docket include those for greenhouse gases, risk management rules, and the Renewable Fuel Standards for 2026 and 2027.

Thanks for tuning in to the monthly news roundup. We’ll see you next month!

What are the 3 types of National Pretreatment Program standards?
2025-10-06T05:00:00Z

What are the 3 types of National Pretreatment Program standards?

Industrial and commercial facilities produce significant amounts of pollutant-containing wastewater. Sending these waste streams to public wastewater and sewage treatment facilities as-is can cause major problems since these facilities usually aren’t designed to handle toxic or unexpected industrial pollutants. That’s why facilities have to pretreat wastewater before sending it to the treatment facility.

Industrial and commercial sources that discharge pollutant-containing wastewater to a publicly owned treatment works (POTW) facility are called industrial users (IUs). You may also see them referred to as “nonpoint sources” and “indirect dischargers.” These facilities are subject to the National Pretreatment Program, which is part of the National Pollutant Discharge Elimination System (NPDES) Permit Program.

The Environmental Protection Agency’s (EPA’s) National Pretreatment Program mandates IUs to comply with all applicable federal, state, and local standards to discharge wastewater to a POTW. The federal program has three types of pretreatment requirements:

  • National prohibited discharge standards,
  • National categorical pretreatment standards, and
  • Local discharge limits.

Understanding the differences between the types of pretreatment program standards is essential, especially since your facility may have to comply with all three.

What are the types of pretreatment standards?

IUs must obtain permits or comply with other control mechanisms to discharge wastewater to a POTW. Let’s look at the three kinds of pretreatment standards that may apply.

Prohibited discharge standards are national standards consisting of general and specific prohibitions that forbid facilities from discharging certain pollutants.

  • The general prohibitions ban IUs from discharging any pollutants to a POTW that can cause pass through or interference (defined at 40 CFR 403.3).
  • The specific prohibitions ban IUs from discharging eight kinds of pollutants (defined at 403.5(b)), such as those that pose a fire or explosion hazard to the POTW.

Categorical pretreatment standards are national limits that apply to wastewater discharged by facilities in specific industrial categories.

EPA sets effluent limitations guidelines and standards (ELGs) for the covered industrial categories to prevent discharges from IUs that can pass through or interfere with the works or otherwise disrupt POTW operations. ELGs give numerical, technology-based limits for the quantity, concentration, or properties of a pollutant that IUs can discharge to a POTW.

Local limits are established by POTWs and are specific to each site, so requirements vary across different POTW pretreatment programs. Local limits prevent pollutant discharges from IUs that can pass through or interfere with the works, contaminate sludge, and/or endanger worker health and safety.

POTWs set effluent discharge limits, which can be numerical or narrative (for example, no discharging toxics in toxic amounts). Standards may also include best management practices, such as taking actions to control plant site runoff.

Who enforces the pretreatment standards?

Generally, POTWs implement the NPDES National Pretreatment Program at the local level. EPA requires large POTWs and smaller POTWs with significant industrial discharges to develop local pretreatment programs. Through EPA-approved local programs, POTWs enforce the national standards and requirements in addition to any stricter local regulations that apply.

Where EPA hasn’t approved a POTW’s local pretreatment program, it's administered by the state (if approved to do so) or EPA regional office.

Where does my facility start?

If your facility is subject to the NPDES National Pretreatment Program, first identify the kind of IU your facility is: an IU, a significant IU, or a categorical IU. The category determines the requirements that may apply.

Keep in mind that all IUs must comply with the applicable federal pretreatment program requirements:

  • Regardless of whether the POTW has an approved pretreatment program, and
  • Regardless of whether the IUs have been issued a permit or control mechanism.

Significant IUs (defined at 403.3(v)) and categorical IUs (i.e., facilities subject to one of the categorical standards in Parts 405–471) have additional federal requirements. Generally, these facilities must also meet local limits.

Key to remember: Industrial and commercial facilities must comply with the National Pretreatment Program before discharging pollutant-containing wastewater to a publicly owned treatment works facility.

How the government shutdown affects employers
2025-10-01T05:00:00Z

How the government shutdown affects employers

On October 1, the federal government shut down. As a result, private employers and employees, as well as federal contractors and government employees, will likely face delays in services and programs until a resolution is reached.

Below is a recap of how the shutdown impacts several key federal agencies and what to expect.

Federal Motor Carrier Safety Administration (FMCSA)

It’s generally business as usual for the FMCSA. Roadside inspections are considered an essential safety function. Both federal and state enforcement partners perform these inspections, and most weigh stations are run by state Department of Transportation (DOT) agencies, which aren’t directly affected by a federal shutdown.

Drivers should assume inspections will continue as normal. Violations will still result in citations, out-of-service orders, and compliance reviews.

While the day-to-day enforcement likely won’t change, some aspects of the FMCSA and DOT operations may slow down, such as:

  • Rulemaking and new initiatives: Any changes to federal regulations will pause.
  • Audits and investigations: Compliance reviews and safety audits may take longer, although the enforcement of violations will continue.
  • Administrative support: Processing non-urgent matters, permits, or correspondence may be slower.

New registrations and filings, such as new USDOT numbers, new authority, and Unified Carrier Registration filings, will likely experience delays until the shutdown is resolved.

Pipeline and Hazardous Materials Safety Administration (PHMSA)

The picture is more complex at PHMSA. The DOT plan says about one-third of the agency's 580 employees are expected to be furloughed. Inspections of hazardous materials shippers, carriers, and other entities will continue, as will enforcement of the hazardous materials safety regulations. However, a variety of administrative functions are expected to be impacted, including non-emergency approvals and permits, rulemaking activities, research, grants, outreach, and the hazmat registration and fee-collection program.

Occupational Safety and Health Administration (OSHA)

OSHA will continue only its essential functions, including:

  • Inspections for imminent danger situations, workplace fatalities, and catastrophes;
  • Review and referral of whistleblower complaints tied to imminent threats;
  • Follow-up inspections of serious violations without abatement; and
  • Enforcement actions needed to meet statutory deadlines on high-risk cases.

All other agency activities such as rulemaking, programmed inspections, compliance assistance, website updates, and outreach programs are suspended. Only employees designated as essential may continue working, and the Occupational Safety and Health Review Commission halts all operations for the duration of the shutdown.

Environmental Protection Agency (EPA)

EPA has implemented its contingency plan, resulting in a significant reduction in operations. Approximately 90 percent of EPA staff have been furloughed, leaving around 1,700 personnel to continue essential functions, including emergency response operations, law enforcement, criminal investigations, maintenance of critical laboratory assets, and Superfund site work only if halting it poses an imminent threat to human life.

Most routine EPA functions have been suspended (like issuing permits and regulations). The agency has also paused work on climate-related regulations and restructuring efforts unless deemed essential or funded through exempted sources (e.g., Infrastructure Investment and Jobs Act or specific fee-based programs).

Equal Employment Opportunity Commission (EEOC)

The EEOC, which investigates discrimination claims, is closed during the shutdown. The agency won’t be responding to inquiries during this time, but a limited number of services will still be available. If employees want to file a discrimination charge, they should be aware that time limits for filing a charge won’t be extended due to the shutdown.

Additional information on filing new charges, the status of pending charges, or other existing business with the EEOC, etc., will likely be delayed. During the shutdown, information on the EEOC website won’t be updated. In addition, transactions submitted via the website won’t be processed, and EEOC staff won’t be able to respond to requests or questions submitted to the EEOC, including those submitted by email or through its website, until the shutdown is over. 

Members of the public who call the EEOC during the government shutdown will be able to access the pre-recorded information available on the EEOC's Interactive Voice Response System, but EEOC staff will not be available to assist them. Email inquiries sent to the agency will be monitored for urgent matters but generally not addressed during the shutdown.

National Labor Relations Board (NLRB)

NLRB offices are closed during the shutdown, and hearings are postponed. Because documents may not be filed on the NLRB website during the shutdown, due dates for filing documents will be extended.

As the 6-month statute of limitations for filing unfair labor practice charges remains in effect, the agency recommends mailing or faxing a copy of the charge to the regional office during the shutdown.

Department of Labor (DOL)

The DOL is also shut down, except for activities such as those needed to protect life and property. All regulatory work has ceased, including the final rules on independent contractors and joint employers.

The Wage and Hour Division (WHD), which enforces laws such as the Fair Labor Standards Act and the Family and Medical Leave Act, dropped from 1,270 employees to 7. Employees won’t be able to file claims under such laws.

The agency will monitor and respond to child labor investigations and will pursue and address legal cases or investigations in jeopardy of being lost due to a statute of limitations or as otherwise ordered by the court. It will also continue to process certain benefits payments and support federal and state unemployment programs.

The Employee Benefits Security Administration (EBSA) generally stopped its research activities, audits, compliance assistance, and IT support.

The Veterans’ Employment and Training Service (VETS) stopped conducting investigations of the Uniformed Services Employment and Reemployment Rights Act.

U.S. Citizenship and Immigration Services (USCIS)

Employers must continue to use the Form I-9 during the shutdown to verify that an employee is eligible to work in the United States. The form must be completed within 3 business days after the employee’s first day of employment.

The form may be downloaded from the USCIS website. The agency expects to retain the majority of its employees during the shutdown.

Employers who use the online E-Verify system to confirm an employee’s eligibility to work in the United States may experience a system shutdown, however. In the event of an E-Verify shutdown, employers won’t be able to create E-Verify cases, run reports, or resolve tentative non-confirmations.

E-Verify employers should continue to complete a Form I-9 for each new employee. After the shutdown ends and the E-Verify system is operational, employers should create E-Verify cases for employees who were hired when the website was not available.

In the event of an E-Verify system shutdown, it’s likely that the USCIS will extend deadlines for creating E-Verify cases and resolving tentative non-confirmations. The agency is expected to provide further guidance.

Federal contractors and government employees

Federal contractors and government employees from shut-down agencies are either furloughed — prohibited from work and unpaid — or required to work without pay if their roles are deemed essential to public safety.

Payments to companies with a federal contract may be delayed, and they may receive a stop-work order. Contracts will not be issued or extended during the shutdown.

The Office of Federal Contract Compliance Programs website is not being updated during the shutdown.

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Pre-preconstruction permits: Can building begin without one?
2025-09-25T05:00:00Z

Pre-preconstruction permits: Can building begin without one?

Just like blueprints, hard hats, and scaffolding, permits are synonymous with construction. Most businesses have to get permits before breaking ground on a project. However, recent federal guidance on preconstruction permits for air emissions indicates that some construction activities may be able to start without a permit.

The Environmental Protection Agency (EPA) requires businesses to obtain a preconstruction permit for a new facility or major modifications to an existing facility before starting construction. It ensures that new or modified facilities will be able to comply with air emissions requirements. In September 2025, the agency published guidance (in the form of a response letter), determining that a company may start construction activities on parts of a new facility unrelated to air emissions before obtaining a permit.

Let’s take a look at the preconstruction permit regulations, the facts of the case in the guidance, and EPA’s plans to clarify which construction activities can begin before obtaining a preconstruction permit.

What are the preconstruction permit requirements?

Under the New Source Review (NSR) regulations (40 CFR Part 51 Subpart I and Part 52 Subpart A), businesses that build a new facility or make major modifications to an existing one have to obtain a preconstruction permit to “begin actual construction.” EPA defines “begin actual construction” as “physical on-site construction activities on an emissions unit which are of a permanent nature.” It covers activities including (but not limited to) installing building supports and foundations, laying underground pipework, and constructing permanent storage structures.

There are three types of preconstruction permits: Prevention of Significant Deterioration (PSD) permits, nonattainment NSR permits, and minor source permits. The permits define:

  • What construction is allowed,
  • Emissions limits, and
  • How the source must be operated (if applicable).

It’s important to note that most preconstruction permits are issued at the state or local levels. The requirements must be at least as stringent as EPA’s.

What’s the case?

A county air quality district in Arizona asked EPA to assess whether it may allow a company to start the first phase of construction on a semiconductor manufacturing facility before obtaining an NSR permit if no emissions units are involved.

EPA answered the request with TSMC Arizona Begin Actual Construction — EPA Response Letter (September 2, 2025) and published the letter as new guidance.

Facts of the case

The company builds its facilities in three phases and doesn’t install the semiconductor manufacturing equipment until all phases are complete.

The first phase of construction consists of building the core and shell of the facility, which includes the foundation, a steel superstructure, and external walls. The building will eventually house emissions units (semiconductor manufacturing equipment). However, the company stated that the first phase of construction doesn’t involve any air pollution control devices, emissions units, or foundations for emissions units.

The county air quality district agreed that if a structure contains no emissions unit, it’s not subject to NSR permitting because it doesn’t emit or have the potential to emit pollutants.

EPA response to the case

In the September 2025 response letter, EPA recognized that the definition of “begin actual construction” prohibits on-site construction of an emissions unit without a permit, but it doesn’t prohibit on-site construction of the parts of a facility that don’t qualify as an emissions unit.

The agency determined that the county air quality district may allow the company to start the first phase of construction (even if it’s of a permanent nature) before it obtains an NSR permit as long as it doesn’t involve construction on an emissions unit.

What are EPA’s regulatory plans?

The agency will conduct rulemaking to clarify what construction activities need an NSR permit and what construction activities can proceed without one. It plans to amend the NSR regulations in 2026 by:

  • Revising the definition of “begin actual construction," and
  • Establishing how permitting authorities may distinguish parts of a facility that are and aren’t emissions units or parts of emissions units.

Until then, EPA will address preconstruction permitting issues on a case-by-case basis.

How should facilities respond?

If you’re planning to build a new facility or make a major modification to one, consider these tips to help you comply with the NSR regulations:

  • Check whether the state and local requirements are the same as or stricter than federal rules. The state environmental department’s website is a good place to start.
  • Contact the permit-issuing agency (likely the state or local air pollution control agency) for direct help with your specific project.
  • Watch EPA news announcements for updates on rulemaking. You can also track the Federal Register, where the agency publishes proposed and final rules.

Key to remember: EPA plans to conduct rulemaking to help distinguish which construction activities need a preconstruction permit for air emissions and which activities don’t.

CSB says inferno reveals gaping holes in OSHA/EPA regulations
2025-09-23T05:00:00Z

CSB says inferno reveals gaping holes in OSHA/EPA regulations

A stunning 17-minute video from the Chemical Safety and Hazard Investigation Board (CSB) animates the turn of events at a Texas terminal facility over six years ago. A broken pump led to a massive fire and significant environmental damage. Despite the process weaknesses at the facility, the video underscores a breach in OSHA and EPA regulations that CSB warns may lead to other incidents in the U.S.

The catastrophic incident

Picture an 80,000-barrel aboveground storage tank. On March 17, 2019, the circulation pump on the tank failed, allowing the release of a flammable butane-enriched naphtha blend. The release was undetected, as vapor accumulated in the area for 30 minutes. The vapor then ignited, resulting in a large-scale fire that spread to 14 other tanks. Fire crews were unable to extinguish it for three days. Black smoke cascaded into the community that was sheltering in place.

Then the petrochemicals, firefighting foams, and contaminated water broke past the secondary containment wall. An estimated 500,000 barrels of the materials then entered an adjacent bayou and reached a shipping channel contaminating a seven-mile stretch.

What did investigators find?

The CSB investigation found technical failures. The video identifies three important but missing things:

  • Procedures to maintain the mechanical integrity of the pump,
  • Flammable gas detection systems, and
  • Remotely operated tank valves.

Outdated tank farm design was also a factor. Tanks were spaced close together and did not have subdivided containment systems.

Despite the process issues, regulatory shortfalls played a prominent role in the board’s findings. CSB Chairperson Steve Owens remarks, “A serious gap in federal regulations also contributed to the severity of this event.”

OSHA regulatory gap

The CSB video, "Terminal Faiure," points out that 29 CFR 1910.119, the OSHA Process Safety Management (PSM) standard, does not cover all flammable liquids. Those stored in atmospheric tanks and kept below their normal boiling point without chilling or refrigeration are not subject to the standard. This is referred to in industry as the “flammable liquid atmospheric storage tank exemption.” See 1910.119(a)(1)(ii)(B).

The terminal facility company took the position that the storage of the butane-enriched naphtha product in the tank was excluded from PSM coverage. It based this stance on the exemption. According to CSB, had the OSHA PSM standard applied to the tank and its equipment, the terminal facility would have been required to implement a formal PSM system.

That system would have given the company a better chance to identify and control hazards for the tank and its equipment. Had the terminal facility put a comprehensive PSM system in place that effectively identified and controlled the tank/equipment hazards, the company could have prevented this incident, argues CSB.

EPA regulatory gap

Unlike the PSM standard, the Risk Management Program (RMP) standard at 40 CFR 68 does not include an exemption for atmospheric storage of flammable liquids. However, CSB highlights that 68.115(b)(2)(i) has a significant loophole. It reads, “[I]f the concentration of the substance is one percent or greater by weight of the mixture, then, for purposes of determining whether a threshold quantity is present at the stationary source, the entire weight of the mixture shall be treated as the regulated substance unless the owner or operator can demonstrate that the mixture itself does not have a National Fire Protection Association [NFPA] flammability hazard rating of 4.”

The terminal facility determined that the butane-enriched naphtha product contained in the tank was not subject to RMP because it was an NFPA-3a rated material. While the CSB is not validating the terminal’s NFPA “3” finding, the board speculates that had the EPA RMP standard applied to the tank and its pump, this incident likely would not have occurred.

CSB recommends closing the regulatory loopholes

In the recently released video, CSB recommends that:

  • OSHA eliminate the atmospheric storage tank exemption from the PSM standard — The board insists that the atmospheric storage tank exemption in the OSHA standard continues to allow for catastrophic incidents to occur. Without PSM coverage, necessary safeguards are not being implemented for equipment that should otherwise be covered, CSB says.
  • EPA modify 68.115(b)(2)(i) to expand coverage of its RMP standard to include all flammable liquids, including mixtures, with a flammability rating of NFPA-3 or higher — NFPA-3 flammability rated materials have resulted in significant explosions and fires similar to those contemplated to occur from NFPA-4 rated materials, observes CSB.

Owens emphasizes, “We believe that our recommendations, particularly to OSHA and EPA, to expand regulatory oversight of these kinds of chemicals and facilities will help ensure that a similar incident does not occur in the future.”

Key to remember

A new CSB video recounts the events involved in a massive storage tank fire. At the same time, the video warns of blind spots in OSHA PSM and EPA RMP regulations that may lead to other incidents in the U.S.

The new rules of waste: How 2025 legislation is reshaping corporate environmental compliance
2025-09-22T05:00:00Z

The new rules of waste: How 2025 legislation is reshaping corporate environmental compliance

In 2025, sweeping changes to waste laws across the U.S. are forcing companies to rethink packaging, disposal, and reporting practices. From statewide bans on single-use plastics to expanded Extended Producer Responsibility (EPR) programs and chemical recycling reclassification, these updates carry significant compliance implications for corporate environmental health and safety (EHS) teams.

Single-use plastics: New bans and restrictions

Several states have enacted new bans on polystyrene foam containers, plastic straws, and produce bags:

  • California SB 54, as of January 1, 2025, bans expanded polystyrene (EPS) food containers unless they meet a 25 percent recycling rate. Precheckout bags must be compostable or made of recycled paper (SB 1046).
  • Delaware SB 51 bans foam containers and plastic stirrers unless requested by the customer.
  • Oregon SB 543 bans EPS containers and food packaging with intentionally added PFAS.
  • Virginia bans food vendors from using EPS as of July 1, 2025.

Compliance tip: Audit your packaging inventory and supplier certifications. Ensure alternatives meet compostability or recyclability standards.

Extended Producer Responsibility (EPR): Expanding nationwide

EPR laws now apply in several states. These laws require companies to help pay for recycling and report packaging data:

  • Maryland SB 901 allows multiple Producer Responsibility Organizations (PROs) and mandates cost-sharing for recycling.
  • Washington SB 5284 targets consumer packaging with compliance deadlines starting in 2028.
  • Colorado bans unregistered producers from selling covered products as of July 1, 2025.
  • California's SB 54 revised draft rules released in May 2025 include new compliance dates and exemptions.

Compliance tip: Register with your state’s PRO, submit packaging data, and prepare for fee schedules. Track deadlines and exemptions closely.

Chemical recycling: Regulatory reclassification and impacts

States like Texas and Pennsylvania now classify chemical recycling as manufacturing, not waste management. This shift encourages investment but also changes permitting and emissions reporting obligations.

Compliance tip: If your facility uses or contracts chemical recycling, review air and water permits. Ensure alignment with manufacturing regulations.

Per and polyfluoroalkyl substances (PFAS): Phaseouts and hazardous waste updates

More states are banning PFAS in packaging, cookware, and more:

  • Minnesota, Oregon, Rhode Island, and New Mexico have banned or phased out PFAS in consumer products.
  • Illinois SB 727 aligns PFAS limits in drinking water with the Environmental Protection Agency standards.

Compliance tip: Update product Safety Data Sheets and conduct PFAS audits. Prepare for new reporting under TSCA Section 8(a)(7), including data on manufacture, use, and disposal.

Circular economy and composting: Recent mandates

States are setting zero-waste goals and requiring composting:

  • Hawaii HB 750 launches a statewide recycling needs assessment.
  • Maine LD 1065 requires large food waste generators to compost by 2030.

Compliance tip: Evaluate organics diversion programs and infrastructure. Consider partnerships with composting facilities.

EHS teams: What to do now

  • Map your regulatory exposure: Identify which state laws apply to your operations.
  • Engage with PROs: Register, report, and participate in rulemaking.
  • Train staff: Ensure procurement, operations, and legal teams understand new requirements.
  • Audit packaging and waste streams: Replace banned materials and optimize recycling.
  • Monitor emerging legislation: Stay ahead of new bills and compliance deadlines.

Key to remember: Staying compliant in 2025 means more than avoiding fines. EHS teams must lead efforts to meet new waste laws and support sustainability goals.

EPA proposes to remove GHG reporting requirements for most facilities
2025-09-19T05:00:00Z

EPA proposes to remove GHG reporting requirements for most facilities

The Environmental Protection Agency (EPA) published a significant proposed rule on September 16, 2025. The agency proposes to eliminate the Greenhouse Gas Reporting Program (GHGRP) requirements for nearly all regulated entities except for petroleum and natural gas systems. EPA also plans to suspend compliance requirements for covered facilities until reporting year (RY) 2034.

Further, the proposed rule notes that Congress amended the Clean Air Act in July 2025 to start the Waste Emissions Charge (WEC) program in 2034. The changes essentially reinstate the WEC program that was previously disapproved.

The GHGRP requires covered entities to submit annual reports of GHG emissions. The regulation applies to 47 source categories, including:

  • Large direct emitters of GHG emissions (25,000 or more metric tons of carbon dioxide equivalent per year),
  • Fuel and industrial gas suppliers, and
  • Carbon dioxide injection sites.

What are the possible changes?

EPA proposes to:

  • Remove the requirements of 40 CFR Part 98 for all source categories under Part 98 except for the Petroleum and Natural Gas Systems source category (Part 98 Subpart W),
  • Remove the Natural Gas Distribution industry segment (98.230) from the Petroleum and Natural Gas Systems source category, and
  • Suspend the reporting requirements for the Petroleum and Natural Gas Systems source category until January 1, 2034.

How could this impact facilities?

If finalized, EPA’s proposed rule would have major effects:

  • Nearly all of the covered source categories (apart from petroleum and natural gas systems) would no longer be subject to the GHGRP regulations after RY 2024.
  • Natural gas distributors would be removed from Part 98 Subpart W and, therefore, no longer subject to the GHGRP regulations after RY 2024.
  • Facilities in the Petroleum and Natural Gas Systems source category (except for natural gas distributors) would be subject to the GHGRP regulations. However, requirements wouldn’t apply until RY 2034. The next report would be due by March 31, 2035, and annually thereafter.

About the WEC program

Amendments to Section 136 of the Clean Air Act in 2022 required EPA to start collecting a WEC from facilities in the Petroleum and Natural Gas Systems source category (except those in the natural gas distribution industry segment) that exceed waste emissions thresholds.

In March 2025, a joint congressional resolution disapproved the regulation implementing the WEC program, making the rule ineffective. Further, EPA issued a final rule in May 2025 that removed the WEC regulations from the Code of Federal Regulations.

However, the One Big Beautiful Bill Act (signed into law in July 2025) amended Section 136(g) of the Clean Air Act to begin imposing and collecting a WEC from the Petroleum and Natural Gas Systems source category (except for natural gas distributors) for emissions reported for calendar year 2034 and later.

How can I participate in the rulemaking?

You can register for and attend EPA’s virtual public hearing for the proposed rule on October 1, 2025. Additionally, you may submit public comments on the proposed rule (Docket Id. No. EPA-HQ-OAR-2025-0186) through November 3, 2025.

Key to remember: EPA proposes to eliminate the Greenhouse Gas Reporting Program requirements for all source categories except the petroleum and natural gas systems category and to suspend compliance obligations until 2034.

Expert Insights: Lessons that lead
2025-09-19T05:00:00Z

Expert Insights: Lessons that lead

As we continue to navigate the evolving landscape of regulatory changes, one truth remains constant: environmental compliance isn’t just a regulatory requirement; it must be a priority for leadership. Every facility, regardless of size or sector, can lead by example, not only through innovation but also through the lessons learned from challenges.

One such lesson came from a chemical manufacturing facility we worked with in the Midwest. They experienced a near-miss incident involving a wastewater neutralization tank. During a routine transfer, an operator noticed a sudden pH spike in the effluent stream. Quick thinking and immediate shutdown procedures prevented a potential discharge violation. Upon investigation, they discovered that a mislabeled tote of caustic solution was mistakenly added to the neutralization system.

The root causes? There was a breakdown in labeling protocols and a lack of crosschecking during chemical transfers. The facility responded swiftly by:

  • Implementing a barcode-based chemical tracking system,
  • Retraining staff on hazard communication, and
  • Revising their standard operating procedures.

Since then, the facility has reported zero chemical handling errors and has shared the lessons across the corporate network.

This incident serves as a powerful reminder that environmental compliance isn’t just about systems and sensors. It’s about people, processes, and a culture of vigilance. Mistakes can happen, but how we respond defines our commitment to continuous improvement.

We encourage you to reflect on your own facility’s “teachable moments.” Share them. Learn from them. Every lesson learned is a step toward a safer and more compliant operation.

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e-Manifest Third Rule compliance checklist: Countdown to December 1
2025-09-12T05:00:00Z

e-Manifest Third Rule compliance checklist: Countdown to December 1

The date of December 1 often evokes thoughts of colder weather, the start of the Christmas season, and … waste manifests?! That’s certainly the case this year for hazardous waste handlers. On December 1, 2025, the rest of the Third Rule’s compliance requirements for electronic manifests take effect.

The Environmental Protection Agency’s (EPA’s) final Third Rule, established under the Resource Conservation and Recovery Act (RCRA), amends the Hazardous Waste Electronic Manifest System (e-Manifest system) standards. Many of the requirements began in January 2025. The Third Rule’s remaining regulatory changes start on December 1, 2025. Are you prepared to comply?

e-Manifest compliance check

Use this checklist to help you ensure that your business is set to comply with the rest of the Third Rule’s requirements that take effect in December.

Transition to the 4-copy forms

Under the Third Rule, EPA replaced the 5-copy paper manifests and continuation sheets with 4-copy paper manifests (EPA Form 8700-22) and continuation sheets (EPA Form 8700-22A). However, the agency allows hazardous waste handlers to continue using the 5-copy paper forms until further notice. EPA will provide a 90-day notice before it intends to stop accepting the 5-copy forms.

Note: At the time of the publication of this article, EPA has not yet given any authorized printer approval to print the new 4-copy manifest forms. As an authorized printer of the hazardous waste manifest forms, J. J. Keller & Associates, Inc. is working closely with EPA for approval to print the new 4-copy forms.

Users need Certifier permission on the e-Manifest module or Site Manager permission on the RCRA Information (RCRAInfo) Industry Application to submit manifests.

Compliance check:

☑ Begin to use the 4-copy manifests and continuation sheets as soon as they’re made available.

☑ Ensure that at least one user has Certifier or Site Manager permission.

Submit export manifests and related fees to e-Manifest

As of December 1, 2025, domestic hazardous waste exporters must submit all export manifests and continuation sheets (paper and electronic) to the e-Manifest system and pay the associated user fees.

An exporter is considered any entity that originates a manifest to export a hazardous waste shipment. This includes generators; transporters; treatment, storage, and disposal facilities; and recognized traders.

EPA will invoice exporters monthly for the manifest activities conducted during the previous month. The agency applies a fee per manifest, and the amount varies based on the type of submission (scanned image upload, data and image upload, or fully/hybrid electronic manifest).

Only individuals with Site Manager permission on RCRAInfo can pay manifest fees.

Compliance check:

☑ Prepare to use the e-Manifest system for export manifests and pay user fees.

☑ Verify that at least one person has Site Manager permission.

Submit manifest-related reports to e-Manifest

The Third Rule requires hazardous waste handlers to submit all Discrepancy, Exception, and Unmanifested Waste Reports to the e-Manifest system starting on December 1, 2025.

Generators submit Exception Reports, and receiving facilities submit Discrepancy and Unmanifested Waste Reports. No fees apply.

To submit the manifest-related reports to the e-Manifest system, users require Certifier permission for the module.

Compliance check:

☑ Be ready to submit manifest-related reports to the e-Manifest system.

☑ Confirm that at least one user has Certifier permission.

Send manifest copies to exporters

Beginning on December 1, 2025, entities that transport hazardous waste export shipments out of the U.S. (i.e., last transporters) have to send a signed copy of the manifest and continuation sheet to the exporter instead of the generator.

Further, the Third Rule clarifies that starting on December 1, 2025, transporters can use the e-Manifest system to export hazardous waste and send exporters copies of the signed manifest and continuation sheet. Transporters planning to do so need to set up a RCRAInfo account to use the e-Manifest system and assign Certifier permission to the user(s) who will submit the manifests.

Compliance check:

☑ Plan to send signed copies of the manifest and continuation sheet to the exporter.

☑ If applicable, register an account on RCRAInfo, and ensure at least one user has Certifier permission.

Use e-Manifest resources for additional help

EPA has multiple resources to help regulated hazardous waste handlers comply with e-Manifest regulations, including the upcoming Third Rule’s requirements that take effect on December 1, 2025. Consider using the resources the agency provides on “The Hazardous Waste Electronic Manifest (e-Manifest) System” website, such as:

  • Webinars,
  • Demonstration videos,
  • General and user-specific FAQs about the e-Manifest program, and
  • The e-Manifest Helpdesk for industry users.

The compliance checklist and e-Manifest resources can help you ensure that your facility will be ready to comply with the rest of the Third Rule’s requirements by December.

Key to remember: The remaining e-Manifest Third Rule requirements take effect on December 1, 2025. Facilities should confirm that they’re prepared to comply.

Hazardous waste handlers may continue use of 5-copy manifest forms
2025-09-12T05:00:00Z

Hazardous waste handlers may continue use of 5-copy manifest forms

The Environmental Protection Agency (EPA) announced that it will accept 5-copy paper manifest forms from entities regulated by the Resource Conservation and Recovery Act (RCRA) hazardous waste manifest program until further notice.

What changed?

The final Third Rule (effective on January 22, 2025) made multiple changes to the hazardous waste manifest regulations, one of which requires regulated entities to use 4-copy manifests (EPA Form 8700-22) and continuation sheets (EPA Form 8700-22A) instead of the previous 5-copy forms.

Initially, EPA stated that it would no longer accept 5-copy forms starting on December 1, 2025. However, the agency has removed the limit and will accept the 5-copy forms until further notice. Additionally, EPA will give a 90-day notice before the agency plans to stop accepting the 5-copy forms.

As an authorized printer of the hazardous waste manifest forms, J. J. Keller & Associates, Inc. is working closely with EPA for approval to print the new 4-copy forms. At the time of publication of this news article, the federal agency hasn’t yet approved any authorized printer to print the new forms.

Exporter and importer requirements

Hazardous waste exporters and importers that use the 5-copy manifest forms are required to put the consent numbers for their wastes in the Special Handling Instructions and Additional Information Field (Item 14) of the 5-copy manifest. If applicable, exporters must also enter their EPA Identification (ID) numbers in Item 14. The agency recommends using this format: “Exporter EPA ID #AAANNNNNNNNN."

Please note that we will monitor any additional changes that result from EPA's decision to continue accepting 5-copy paper manifest forms and provide updates accordingly.

Key to remember: EPA will accept 5-copy manifests and continuation sheets beyond the initial deadline of December 1, 2025, until further notice.

Countdown to compliance: EPA’s AIM Act and its impact on refrigerant users
2025-09-11T05:00:00Z

Countdown to compliance: EPA’s AIM Act and its impact on refrigerant users

Starting January 1, 2026, the Environmental Protection Agency (EPA) will enforce sweeping changes under the American Innovation and Manufacturing (AIM) Act, targeting the use and management of hydrofluorocarbons (HFCs)—potent greenhouse gases used in refrigeration, air conditioning, and fire suppression.

These rules apply to all businesses with equipment containing 15 pounds or more of refrigerant with a Global Warming Potential (GWP) over 53, including but not limited to grocery stores, refrigerated transport fleets, repair shops, and small businesses.

Key requirements for end users

1. Leak detection and repair

  • Automatic leak detection systems (ALDs) are mandatory for systems with 1,500 pounds or more of refrigerant.
  • Leaks must be repaired within 30 days or a retirement/retrofit plan must be submitted
  • Leak rate thresholds:
    • Industrial process refrigeration: 30%
    • Commercial refrigeration: 20%
    • Transport & comfort cooling: 10%

2. Refrigerant reclamation

  • Repairs must use reclaimed refrigerants in supermarket systems, refrigerated transport, and commercial ice makers
  • Reclaimed HFCs must contain no more than 15% virgin HFCs and be properly labeled

3. Recordkeeping and reporting

  • Businesses must maintain detailed logs of:
    • Refrigerant purchases and usage
    • Leak events and repairs
    • Equipment servicing and disposal
  • Records must be available for EPA audits at any time.

4. Disposal and recycling

  • HFCs must be recovered from disposable cylinders before disposal
  • Fire suppression systems must be recycled prior to disposal, and technician training is required

Sector-specific impacts

Grocery retailers

  • Must retrofit or replace systems using restricted HFCs like R-404A or R-22
  • Natural refrigerants (CO₂, ammonia) are encouraged but require new equipment and trained technicians
  • Legacy systems may become costly to maintain due to refrigerant scarcity

Refrigerated transport

  • Subject to leak repair thresholds and reclamation rules
  • Must track refrigerant use across fleets and ensure timely repairs

Repair shops

  • Must use reclaimed refrigerants for servicing regulated systems
  • Required to follow EPA labeling and documentation standards

All end users: what you must do now

  • Inventory your equipment: Identify all systems with refrigerants over 15 lbs and GWP greater than 53
  • Install ALDs: For large systems, ensure real-time leak monitoring is in place
  • Train staff: Ensure technicians understand new servicing, reporting, and disposal rules
  • Upgrade Recordkeeping: Use digital tools to automate tracking and reporting

Looking ahead: state-level rules may be stricter

States like California, Washington, and New York are implementing stricter refrigerant rules that may exceed federal AIM Act standards. Businesses operating across state lines must monitor local regulations and prepare for additional reporting and inspections.

Key to remember: If your business uses refrigerants, the AIM Act likely applies to you. Start preparing now to avoid penalties and ensure compliance by 2026.

EPA's Spring 2025 regulatory agenda focuses on PFAS, fossil fuels, and rule reconsiderations
2025-09-09T05:00:00Z

EPA's Spring 2025 regulatory agenda focuses on PFAS, fossil fuels, and rule reconsiderations

The Environmental Protection Agency (EPA) published the Spring 2025 Semiannual Agenda of Regulatory and Deregulatory Actions on September 4, 2025. The agenda outlines the agency’s upcoming regulatory actions and their status in the rulemaking process.

EPA has major updates on the docket, such as:

  • Repealing all greenhouse gas (GHG) standards for fossil fuel-fired power plants and the 2024 amendments to the Mercury Air Toxics Standard for power plants (final rules expected December 2025);
  • Establishing risk management rules for multiple chemical substances, such as 1-bromopropane and n-methylpyrrolidone (final rules expected April 2026);
  • Adding hazardous waste solar panels to the federal universal waste program and setting universal waste standards specific to lithium batteries (proposed rule expected February 2026);
  • Setting the Renewable Fuel Standards for 2026 and 2027 and implementing regulatory program changes (final rule expected October 2025); and
  • Reconsidering current rules, like:
    • The GHG Reporting Program (final rule expected November 2025),
    • The National Emission Standards for Hazardous Air Pollutants (NESHAP) for iron and steel and the NESHAP for oil and natural gas (proposed rules expected November 2025 and December 2025, respectively), and
    • The 2024 amendments to the procedures for conducting Toxic Substances Control Act chemical risk evaluations (final rule expected April 2026).

Additionally, the agency intends to address per- and polyfluoroalkyl substances (PFAS) across multiple media. For example, EPA plans to:

  • Rescind the National Primary Drinking Water Regulations for PFHxS, PFNA, GenX, and mixtures of these three as well as for PFBS (proposed rule expected September 2025);
  • Add certain PFAS to the Toxics Release Inventory (final rule expected February 2026); and
  • Address PFAS discharges from PFAS manufacturers (proposed rule expected January 2026).

This article highlights some of the major rules we’re monitoring closely. You can review the entire agenda to learn about all the rulemakings on EPA’s docket. Please note that the agenda dates are tentative, indicating when the agency seeks to publish the rulemakings in the Federal Register.

Final Rule Stage
Projected publication dateTitle
December 2025Phasedown of Hydrofluorocarbons: Reconsideration of Certain Regulatory Requirements Under the Technology Transitions Provisions of the American Innovation and Manufacturing Act of 2020
January 2026Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act; Common Sense Approach to Chemical Accident Prevention
February 2026Addition of Certain Per- and Polyfluoroalkyl Substances (PFAS) to the Toxics Release Inventory (TRI)
February 2026Initial Air Quality Designations for the 2024 Revised Primary Annual Fine Particle (PM2.5) National Ambient Air Quality Standards (NAAQS)
April 2026Listing of Specific PFAS as Hazardous Constituents
Proposed Rule Stage
Projected publication date of notice of proposed rulemaking
Title
October 2025Effluent Limitations Guidelines and Standards for the Oil and Gas Extraction Category (40 CFR 435 Subpart E)
October 2025New Source Performance Standards for the Synthetic Organic Chemical Manufacturing Industry and National Emission Standards for Hazardous Air Pollutants for the Synthetic Organic Chemical Manufacturing Industry
November 2025Additional Reconsideration of Standards of Performance for New, Reconstructed, and Modified Sources and Emissions Guidelines for Existing Sources: Oil and Natural Gas Sector Climate Review
November 2025PFAS Requirements in NPDES Permit Applications
November 2025Steam Electric Effluent Limitations Guideline Reconsideration Rule
December 2025Updates to the RCRA Hazardous Waste Regulations and Related Technical Corrections — Permitting Updates Rule 
January 2026Paper Manifest Sunset Rule; Modification of the Hazardous Waste Manifest System 
January 2026Revision to “Begin Actual Construction” in the New Source Review Preconstruction Permitting Program
April 2026Reconsideration of National Emission Standards for Hazardous Air Pollutants: Gasoline Distribution Technology Reviews and New Source Performance Standards Review for Bulk Gasoline Terminals
May 2026Formaldehyde; Regulation Under the Toxic Substances Control Act (TSCA)
Pre-Rule Stage
Projected publication date or other actionTitle
September 2025 (advanced notice of proposed rulemaking)Visibility Protection: Regional Haze State Plan Requirements Rule Revision
December 2025 (end review)National Emission Standards for Hazardous Air Pollutants for Brick and Structural Clay Products Manufacturing; and Clay Ceramics Manufacturing
Key to remember: EPA’s planned rulemakings may impact regulatory compliance with air, land, and water rules.
EHS Monthly Round Up - August 2025

EHS Monthly Round Up - August 2025

In this August 2025 roundup video, we'll review the most impactful environmental health and safety news.

Hi everyone! Welcome to the monthly news roundup video, where we’ll review the most impactful environmental health and safety news. Let’s take a look at what’s happened over the past month!

OSHA extended the comment period for multiple proposed rules it published on July 1. Stakeholders now have an extra 60 days, until November 1, to comment. Impacted rules include those for respiratory protection, construction illumination, COVID-19, and the General Duty Clause.

OSHA is expanding its Voluntary Protection Programs to help employers develop strong safety programs and lower injury rates. To participate, employers must submit an application to OSHA and undergo an onsite evaluation by a team of safety and health professionals.

Following a series of recent trench collapses, OSHA urges employers to take steps to protect workers. Trench collapses can be prevented by sloping or benching trench walls at an angle, shoring trench walls with supports, and shielding walls with trench boxes. More information can be found on OSHA’s website.

The Mine Safety and Health Administration launched a webpage for its new Compliance Assistance in Safety and Health, or CASH, program. The agency anticipates a surge in domestic mining productivity and seeks to proactively provide miners and mine operators with compliance assistance materials.

Turning to environmental news, EPA proposes challenges to California’s Clean Truck Check program. The program aims to reduce emissions of nitrogen oxides and particulate matter for heavy-duty vehicles. EPA supports the regulation as it applies to California-registered vehicles but disapproves the regulation as it applies to out of state and out of country vehicles. Stakeholders have until September 25 to comment on the proposal.

On August 14, EPA released the July 2025 nonconfidential TSCA Inventory of chemical substances manufactured, processed, or imported in the U.S. The Inventory contains over 86 thousand chemicals, nearly half of which are in active use. The next inventory update is planned for late 2026.

And finally, EPA proposes to rescind the 2009 Endangerment Finding and repeal greenhouse gas emissions for new motor vehicles and vehicle engines. The agency will accept comments on the proposal through September 15.

Thanks for tuning in to the monthly news roundup. We’ll see you next month!

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Most Recent Highlights In Human Resources

Update: EPA withdraws direct rule, keeps proposed rule for alternative CCR reporting option
2025-09-05T05:00:00Z

Update: EPA withdraws direct rule, keeps proposed rule for alternative CCR reporting option

On September 4, 2025, the Environmental Protection Agency (EPA) withdrew a direct final rule it issued on July 22, 2025, that offered active and inactive coal combustion residuals (CCR) facilities an alternative reporting option and delayed corresponding compliance obligations for CCR management units (CCRMUs). However, the parallel proposed rule that was published with the direct final rule remains in place, and EPA has extended the comment period through September 15, 2025.

Who does this affect?

The direct and proposed rules impact (a) active CCR facilities and (b) inactive CCR facilities with inactive surface impoundments (called legacy CCR surface impoundments) that are regulated by the 2024 Legacy Rule.

What does this mean?

Because the direct rule was withdrawn, the alternative reporting option for the Facility Evaluation Report (FER) Part 1 doesn’t apply, and the compliance deadlines for the related CCRMU requirements revert to the previous timelines.

The parallel proposed rule remains active and contains the same changes as the withdrawn direct final rule, including:

  • Adding an alternative option for active CCR facilities and legacy CCR surface impoundments to submit FER Parts 1 and 2 together by February 8, 2027; and
  • Extending the related compliance deadlines for facilities with CCRMUs.

Further, the proposed rule seeks public input on potentially delaying both FER reporting deadlines and adjusting the CCRMU compliance timelines accordingly. The proposed additional extension would give CCR facilities the option to:

  • Submit FER Part 1 by February 8, 2027, and FER Part 2 by February 8, 2028; or
  • Submit FER Parts 1 and 2 together by February 8, 2028.

You can submit comments to Docket ID No. EPA-HQ-OLEM-2020-0107.

Please see the original Industry News article ("EPA offers CCR facilities delayed reporting option and extends compliance deadlines") for more information about the withdrawn direct rule and the active proposed rule.

Key to remember: EPA has withdrawn a direct final rule that offered active and inactive coal combustion facilities an alternative reporting option, but the agency has kept the corresponding proposed rule in place.

OSHA renews alliance to improve worker safety in waste and recycling industry
2025-09-03T05:00:00Z

OSHA renews alliance to improve worker safety in waste and recycling industry

In a renewed alliance, OSHA, the National Waste & Recycling Association (NWRA), and the Solid Waste Association of North America (SWANA) will continue to work together to improve the safety and health of workers in the solid waste and recycling industry.

The partnership will focus on safety issues such as:

  • Transportation hazards;
  • Slips, trips, and falls;
  • Needlestick and musculoskeletal injuries; and
  • Health issues associated with lithium battery hazards in waste/recycling collection and processing.

OSHA, NWRA, and SWANA will develop resources to help employers prevent and mitigate hazards, including:

  • Educational articles,
  • Fact sheets, and
  • Toolkits.

The group will share these resources and additional information at conferences, forums, and meetings, with much of their outreach aimed at reaching small- and medium-sized employers who may have limited access to safety information.

2025-08-29T05:00:00Z

New Mexico bans PFAS from oil and gas well completions and recompletions

Effective date: July 29, 2025

This applies to: Oil and gas operations

Description of change: The New Mexico Oil Conservation Commission adopted amendments to ban per- and polyfluoroalkyl substances (PFAS) from being used in completions (bringing into production) or recompletions (restarting production) of oil wells. The amendments to 19.15 N.M.A.C.:

  • Require operators to provide certification that no PFAS chemicals were used;
  • Require applicants for a permit to drill, deepen, or plug back a well to certify that they won’t introduce PFAS-containing additives;
  • Adds completion operations to the factors that trigger notification and diligence action requirements when potential loss of containment or damage occurs; and
  • Adds FracFocus disclosure requirements.
2025-08-29T05:00:00Z

Colorado provides alternative window, door, skylight efficiency standards

Effective date: January 1, 2026

This applies to: Residential windows, doors, and skylights sold or leased for residential use in the state

Description of change: As of January 1, 2026, all residential windows, doors, and skylights sold or leased for residential use in Colorado must meet specific energy efficiency standards established by House Bill 23-1161. The Colorado Energy Office established an alternative energy standard for compliance. Manufacturers may choose between the standard at C.R.S. 6-7.5-105(5)(j)(l) and the alternative standard at 5 CCR 1004-2(1.1).

2025-08-29T05:00:00Z

Washington updates protocol for Cap-and-Invest Program

Effective date: August 21, 2025

This applies to: Businesses subject to the Climate Commitment Act Program rule

Description of change: The Department of Ecology updated the offset protocol for ozone-depleting substances (ODS) to expand the scope of offset projects available to Cap-and-Invest Program participants. The amendments to chapter 173-446 WAC:

  • Restrict project invalidation liability for ODS projects,
  • Adopt a new ODS protocol based on one used by the California Air Resources Board, and
  • Require all ODS offset projects that begin after the effective date of this rule to use the new protocol.

View related state info: Clean air operating permits — Washington

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